Property Division

One of the most complex issues in a divorce is determining how to divide the assets accumulated during the marriage. A fair division of property requires careful analysis and skilled negotiation.

Marital Property vs. Separate Property

Marital Property: All assets acquired during the marriage, regardless of whose name they are under. This includes income, homes, vehicles, retirement accounts, and businesses.

Separate Property: Assets that a person owned before the marriage or received as a gift or inheritance during the marriage. These are generally not subject to division in a divorce.

Community Property vs. Equitable Distribution

If your marriage took place in California or another community property state, marital assets are divided equally (50/50). In equitable distribution states, assets are divided in a manner the court deems fair, but not necessarily equally.

Complex Assets

Certain assets require special attention during the division process:

• The Marital Home: Should it be sold, or can one spouse retain ownership?
• Retirement Accounts: 401(k) plans, IRAs, and pension plans often require specialized court orders such as a QDRO.
• Businesses: What is the value of the business, and how should it be divided?
• Stock Options: Employee stock options can be difficult to value accurately.
• Debts: Mortgages, auto loans, and credit card balances must also be allocated. Who is responsible for each obligation?

Asset Valuation

Assets such as businesses, real estate, and pension plans may require professional appraisers or financial experts to determine their true value.

What You Should Know

Property division can have a significant impact on your financial future. It is essential to work with an attorney who understands the valuation of complex assets and will negotiate aggressively for a fair outcome on your behalf. Our attorneys in Burbank and San Diego, California are prepared to protect your interests throughout this process.