Category: Property Division (Community & Separate)

  • What is Community Property in Divorce? 

    What is Community Property in Divorce? 

    What is Community Property in Divorce, how assets and debts are divided is subject to a number of laws. Assets being what you own and debts what you owe. Since laws are the same for assets and debts, I’ll refer to both collectively as property. Separate property and Community property: How property is divided depends […]

  • 2023 Options for Dividing the Property in a California Divorce

    2023 Options for Dividing the Property in a California Divorce

    Dividing the Property in a California Divorce: There are common properties to divide in a divorce like the family home, retirement plans, employee stock plans, household items, and debts. You can divide these using the traditional divisions discussed, or use more creative strategies like holding the property jointly after divorce or constructing a payment plan […]

  • 2023 How to Prove your Separate Property in a CA Divorce

    2023 How to Prove your Separate Property in a CA Divorce

    Figuring out the Character of Property: Separate and community property in a CA Divorce can be hard to identify. When you are married, it’s common to share bank accounts, use gifts or inheritance to pay off credit cards or a loan, or use the savings you had before marriage to help pay expenses while married.  […]

  • 2023 How to Divide Community Property in a California Divorce:

    2023 How to Divide Community Property in a California Divorce:

    Dividing Community Property: There are a few ways to divide community property in a California Divorce. You can divide community property in kind; one of you can buy a property from the other, or you each receive community property and whoever receives more pays the other the difference.  When you transfer or divide property as […]

  • 2023 Dividing Household Items in a California Divorce 

    2023 Dividing Household Items in a California Divorce 

    Dividing Household , Sentimental , Antiques: Dividing Household items, like furniture, kitchen appliances and cookware, backyard furniture, and tools, also need to be divided. The court values these items at resale value, not replacement value.   Flip a coin: Couples can easily sit down and divide the items. If you have a hard time dividing the […]

  • 2023 Employee Stock Plan Accounts in a California Divorce 

    2023 Employee Stock Plan Accounts in a California Divorce 

    With Employee Stock Plan Accounts in a California Divorce, the company offers the employee company stock, like stock options or restricted stock units, as part of the employee’s compensation. The company offers these benefits to attract talent and encourage employees to invest in their company’s growth. If their company does well, they do too.  Vesting: […]

  • 2023 Dividing Debts in a California Divorce

    2023 Dividing Debts in a California Divorce

    Dividing Debts in a California Divorce: While you work through your property to divide, remember to also work through your debts. Debts are assigned in the same way as property. If incurred during marriage, the debt is a community obligation, unless it was incurred in a frivolous or fraudulent manner. If the debt is community, […]

  • 2023 Dividing Retirement Accounts in a California Divorce

    2023 Dividing Retirement Accounts in a California Divorce

    Retirement Accounts Plans: Many couples have community retirement accounts. Any contributions made during marriage, whether 401(K)s, 403(B)s, IRA, Keoghs, military retirement benefits, or pensions, are community and each spouse is entitled to one-half. This includes any years of service earned as part of a pension plan during the marriage, or contributions your employer made on […]