California is a Community Property state. In a divorce, all separate property remains the property of the owning spouse, and community property is divided equally. Unfortunately, that goal is often not the reality.
Particularly in high asset divorces, one or both spouses may have entered the marriage with a significant amount of assets, and the couple may have acquired more during their marriage. There may be numerous financial gray areas where assets were comingled. Some assets may have significantly increased in value.
Whether you choose divorce mediation or litigation, the attorneys at Warren Major LLP can help you and your ex-spouse understand how each of your assets’ monetary benefits can be:
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Characterized
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Apportioned
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Divided appropriately and fairly
Working with an experienced Marin County property division attorney helps ensure that no asset is overlooked and that your financial interests are protected throughout the process.
How a Marin County Property Division Attorney Protects Your Interests
Skilled negotiators and fierce litigators
If you feel that your voice is getting lost in property division discussions, and you can’t reach a fair agreement, you’ll find the attention and advocacy you need at Warren Major LLP. We’ll advocate strongly and skillfully on your behalf in court, so you can retain your fair share of your financial investment in your marriage.
Our divorce attorneys are skilled negotiators for your objectives at all times. When needed, we are fierce litigators in court. As a trusted Marin County property division attorney, we represent your credible claims to full or partial ownership of community property and help you pursue a fair settlement involving:
- Real estate — primary and secondary residences, vacation and retirement homes, farms and ranches, rental property, and undeveloped land
- Businesses — a business owned by one (or both) spouses is subject to accurate valuation before division
- Motor vehicles, watercraft, and aircraft
- Retirement and deferred income, stocks, stock options, bank accounts, and bonds
- Memberships, collectibles, inheritance, and family heirlooms
- Tracing – Mixed assets that require tracing to determine the amount of separate property and community property
Whatever your property division objectives, the highly regarded divorce attorneys at Warren Major LLP will be your voice, in and out of the courtroom.
Whatever your property division objectives, the highly regarded divorce attorneys at Warren Major LLP will be your voice, in and out of the courtroom. Having guidance from a knowledgeable Marin County property division attorney can make a meaningful difference in the outcome of your case.
Frequently Asked Questions
1. What is considered community property in California?
Community property generally includes assets and income acquired during the marriage. This can include real estate, wages, retirement accounts, and businesses unless an exception applies.
2. What happens if separate and community property are mixed together?
When assets are commingled, tracing is used to determine what portion is separate property and what portion is community property. Financial records and documentation play a key role in this process.
3. How are businesses divided in a divorce?
A business must first be properly valued. Depending on when it was created and how it was operated during the marriage, one spouse may be entitled to a partial or full interest rather than an equal split.
4. Can property division be resolved without going to court?
Yes. Many property division matters are resolved through negotiation or mediation. If a fair agreement cannot be reached, the court will decide how assets are divided.
5. Why is legal representation important in property division cases?
Property division often involves complex financial issues, valuations, and legal rules. Having experienced legal guidance helps ensure assets are accurately identified, valued, and fairly divided.
