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Getting A Fair Division Of Your Property In Your California Divorce

The division of assets and debts that occurs in a divorce can be a very complicated matter. The property that has been gained during the marriage and debts that have been accrued are called community property. Community property should be divided in half. But, can you readily identify what is and what isn’t community property when the time comes for your property division? Do you really want to close every bank account and divide each in half? Cal Family Solutions can help you create a better solution to effectively reach a fair result without the need for taking unreasonable steps to divide each asset and debt.

Many specific types of assets and debts have special rules that apply to them. Additionally, more complicated situations such as with houses and retirements can create difficulties in creating a property division. Were any of the items inherited individually by a spouse during the marriage? Did the classification of any substantial item owned by one spouse before the marriage possibly change to community property due to commingling? What portion of a retirement fund is a spouse entitled to? As a Certified Family Law Specialist* in California and the owner of Cal Family Solutions, I can help you reach answers to these very situation-based questions.

Five Financially Substantial Items To Consider During Your Property Division

The following list addresses some of the items that can come into question while a complex division of assets is being worked out:

  1. Real estate (home, second home, vacation home)
  2. Retirement funds such as a 401(k)
  3. Businesses
  4. Stocks, stock options and other investments
  5. Debts held jointly or solely by one person

Besides a house, retirement benefits are typically the largest asset acquired during a marriage. Understanding your rights can help you protect what is yours and what needs to be divided and how to do that in an effective way. I have experience in using Qualified Domestic Relations Orders (QDRO) to create a right to payment from a retirement fund to the former spouse. These specialized forms can be complicated and can have huge financial consequences if not completed property.

Detail-Oriented, Effective Property Division Negotiation

Once all of the relevant property has been identified and determined to be community or nonmarital separate property, the actual discussion of who will get what property can begin. At this point, the tax consequences of these decisions will need to be reviewed as well to ensure that the value expected is the real value received. This sort of consideration is very useful in high-asset divorces in California. As a divorce attorney, I utilize my detail-oriented approach to fully maximize my client’s benefit from property divisions. As an attorney with extensive family law issue experience, I can offer skilled guidance on many facets of divorce.

Let’s Talk About What You Need

I accept major credit cards for my clients’ convenience. Call 916-287-3237 or contact me online to learn more about how I can help you. My office is in Sacramento. I accept clients from in town, Folsom and from the surrounding areas.

*Certified Family Law Specialist by the State Bar of California