For most divorces, the division of property will probably include a division of the family residence, bank accounts, retirement accounts and vehicles. More complex divorce matters will include a division of other real property, multiple bank accounts, retirement accounts, stock options, patents, copyrights, royalties, and one or more businesses. More complex matters can also involve a division of work efforts you have put into your separate property, or proceeds of a loan taken out during marriage.
There are various exceptions to the equal division rule. For example, in some cases education loans are assigned to the party that incurred the debt. In cases where there are more debts than assets, the court can divide the community estate unequally. Certain personal injury awards are not divided equally. Social security benefits are not divided at all and are subject to federal law.
When people go about the task of dividing property they often disagree about the value of certain property. In some cases they differ about the date property should be valued. They also fail to consider potential tax consequences in arriving at a fair division of the property.
Walzer & Melcher has the expertise to handle the division of assets in simple and complex cases. While most of our cases are settled out of court through negotiation, we are prepared to litigate issues that cannot be resolved between the parties. For more information regarding property division, please call us to set up a consultation.
Articles And Information
- Valuation of a Professional Practice in a California Divorce Action
Analysis of case law dealing with the valuation of a professional practice in a family law action, including good will by Christopher C. Melcher.
- Mining Evidence Under the California Electronic Discovery Act
Now that California has adopted procedures for conducting E-Discovery, requests for electronically stored information (ESI) should be part of a routine discovery plan. Getting ESI in electronic form is better than paper because it contains more information, is easier to use and distribute, and eliminates wasteful printing. This article gives practice tips on conducting E-Discovery in California by Christopher C. Melcher.
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