Category Archives: Property Division
Dividing Rental Income in Divorce
Investment rental properties are subject to the same community property division rules as any other asset. In California, this means that the asset is to be equally divided between the spouses, unless the rental property falls under “separate property” rules. (This may be the case if, for instance, the property was purchased by one… Read More »
Community Property in California
California recognizes a “community property” model, meaning that property and debt acquired during the course of the marriage are considered to belong to both spouses and should be divided equally. However, there are important exceptions. Separate property: The courts recognize that an asset or debt acquired before the marriage, as well as gifts or… Read More »
Essential Questions to Consider in a High Asset Divorce
Divorce is devastating for a great number of reasons. One material, but very real part, is the devastation of dividing assets after years, maybe even decades, of hard work as a couple to build what you have. If you have accumulated wealth during the course of your marriage, there are several things you should… Read More »
FAQ About Splitting the House in a Divorce
Generally speaking, unless a family home falls under an exception, a property (such as a family home) that was accrued during the course of a marriage will be subject to division between the spouses, as any other asset in the marital estate. (There are, of course, some exceptions to this, to include a valid… Read More »
How California Law Divides Retirement Benefits and Pension Plans
One of the reasons many individuals hesitate to pull the trigger on a divorce action is because they do not clearly understand where the division of assets will leave them financially. This is particularly true as the rate of divorce in California’s older generations is on the rise. This article will discuss some of… Read More »
What to do if a Spouse is Hiding Assets in Divorce
Besides the emotional turmoil that can come so easily in a divorce, many also have to face significant financial consequences of divorce. Whether you are exiting a marriage with more or less than you entered into it with – the division of property in a divorce usually means that the divorcing parties will lose… Read More »
Recognizing Strategies Spouses Use to Attempt to Hide Assets: Part Two
While it is understandable that humans might feel compelled to act selfishly and hide financial assets in order to shore-up their own wellbeing in a divorce, that does not mean that it is an excusable action in the eyes of the court. Hiding financial assets or information can rise to the level of criminal… Read More »
Dividing a Business in California Divorce
When you are a business owner and anticipating that you will soon be going through a divorce in a community property state, there is a lot you need to consider. Under several scenarios any business that was purchased during the marriage or that has become commingled in marital funds could very well be seen… Read More »
Removing Your Name from Joint Property in California
You are probably going through a lot right now. And you were likely going through a lot when you made the decision to co-sign on a mortgage. Whether you joined yourself with a romantic partner, spouse, family member, etc., it probably seemed like a good idea at the time. However, as you are now… Read More »
Items You Need to Know to Prepare for your High Net Worth Divorce
California divorce courts have seen the gamut of complications from dividing high-value assets and estates as a result of a divorce. Every divorce is unique and comes with its own challenges. But when you are dealing with the division of multiple properties, or businesses, or a disputed, hefty spousal support claim: even amicable spouses… Read More »