When a couple divorces, certain kinds of community property assets, such as shared bank accounts, can be straightforward to divide. If they have built up a diversified portfolio that includes one or more rental properties, however, the question of how to fairly divide...
Complex Property Division
Dividing Property in a Divorce Involving Domestic Abuse
As a no-fault divorce state, California does not require parties to provide justification for why they want to end their marriage—it is enough that at least one spouse feels the relationship is at an end. By the same token, in general, what each party did (or did not...
How Are Joint Loans and Mortgages Handled During Property Division?
In a community property state such as California, spouses are considered to have an equal right to the assets that have been accumulated during their marriage. Similarly, they also have an equal responsibility for any debts that have been incurred in that time. If a...
Who Gets to Stay in the Marital Home During Divorce in California?
When a couple decides to divorce, one of the first outward signs of their intention to split can be when one party leaves the marital home to live elsewhere. Although couples are not required to live separately to divorce in California, in most cases, living with...
Dividing Investment Property: Who Gets the Real Estate Investment Property in a Divorce?
In a high-net-worth divorce, dividing investment property may become one of the biggest bones of contention during negotiations over asset division. Unlike other types of assets, commercial or residential properties tend to more reliably appreciate in value, as well...
Silicon Valley Compensation Packages and Divorce
Dividing tech compensation in a Silicon Valley divorce can become complex. Property division and determining spousal and/or child support during a divorce is already complicated, even when a couple’s income and financial holdings are relatively straightforward....
What is not considered community property in California?
We have written many times on this blog that California follows the “community property” model of asset division in divorce. Stated simply, this means that most assets acquired by either spouse during the marriage are considered community property (jointly owned) and...
3 assets people often overlook in complex divorce proceedings
California state law gives both spouses an interest in shared community property. Even when one spouse earns more than the other, the household income earned during the marriage is usually marital property that the couple will have to divide. The same is true of any...
Does your spouse have a claim to your deferred stock options?
California professionals working in high-demand occupations often have very complex compensation packages. Companies offer many benefits, including deferred stock options, to incentivize a long relationship with newly-acquired talent and to have them invested in the...
Will your ex-spouse get half of your retirement savings?
If you're nearing retirement and are considering a divorce, it's important to understand how this will impact your finances. You are probably concerned that your ex-spouse will get half of your retirement savings. Here is what you need to know about splitting...