Community Property Division

California Property Division Lawyer in Fremont

Alameda County Community Property Division Attorneys

In the state of California, marital property is equitably divided between parties in a divorce. Any assets acquired after your marriage, or brought into a marriage that accrue in value, are subject to "equitable division." However, "equitable division" does not necessarily mean a clean, 50-50 cut down the middle. You and your former spouse may enter into negotiations in order to determine who gets the house, the cars, or who will take responsibility for certain debts. At the JOHAL LAW APC, our attorneys evaluate your financial situation in order to protect your financial interests in any division of marital property. In cases where you or your spouse owns a business, we consult business evaluators who can accurately determine what a company or business is worth. If you brought a home into a marriage and it has accrued in value over the course of your relationship, we prepare all necessary financial information to ensure you aren't taken advantage of in Moore-Marsden calculations.

Be prepared and informed in marital property division matters — contact us online at JOHAL LAW APC today.

Division of Community Property after a Divorce

JOHAL LAW APC represents clients in the following matters related to the division of marital property:

  • Division of the family home
  • Moore-Marsden calculation of home equity
  • Division of assets from closely held business
  • Division of jointly held bank accounts
  • Division of bonds, stock portfolio, CDs, and 401k pension benefits
  • Tracing commingled assets
  • Qualified Domestic Relations Orders

When You and Your Ex-Spouse are Willing to Negotiate

The division of marital property can turn acrimonious when one or both parties view the divorce process as an opportunity to inflict harm on the other party. However, when resentment and anger gain the upper hand, the consequences can be costly. Our Fremont attorneys encourage couples to enter into negotiation in order to arrive at divorce terms mutually agreeable to all involved. This is especially important in the division of community property when each party has a different idea of what they should be allowed to take away from the marriage.

If you enter into negotiations, you can better control the terms of your divorce settlement. Consequently, if your ex-spouse wants to keep the home while you want to keep your stock investments, negotiating a trade-off avoids having a judge impose terms neither of you finds satisfactory. Secondly, during negotiation you and your spouse can determine how debt against jointly held credit cards and other lines of credit will be taken care of. If your spouse has substantial debt against a jointly held credit card you almost never used, you may be able to convince him or her to let you keep a car that is paid off or lay claim to a certain amount of savings in your joint bank account.

Being Prepared for Life after Divorce

There are a number of financial and legal issues divorce raises, especially in regard to the division of marital property. At JOHAL LAW APC, our attorneys protect our clients at every turn and help prepare them for life after divorce by explaining how their taxes, business, health insurance, even credit history could be impacted. Our office also provides life transition counseling through the services of Denise Connich, a certified life coach.

To schedule an appointment and learn how we can help you, contact us online at JOHAL LAW APC today.