Community Property Division

community_propertyDividing Community Property in Bay Area Divorce Cases

As a community property state, California presumes that marital property will be divided equally between the spouses in a divorce. This is by no means as simple as it sounds. Questions as to the value of particular assets, or even whether an asset should be regarded as community property, can make property division a complex and sharply contested exercise. To learn how you can benefit from the advice of a divorce lawyer who is experienced with difficult property division litigation, contact The Law Firm of J. Hector Moreno, Jr. & Associates.

Our goal is to help make sure that you receive your fair share of the property accumulated during the marriage. Along the way, we can work with experts and tax planners not only to make accurate assessments of the value of the community property, but also to help maximize the size of the estate through attention to the tax attributes of certain property. In some cases, we can negotiate the property division issues at the same time as the alimony issues, with the resulting agreement fair and satisfactory for both parties. In other cases, it will be necessary to present your case in court through thoroughly documented evidence.

Examples of the kinds of property or indebtedness that can complicate the division of community property are the following:

  • Family business interests or equity positions in closely held corporations
  • Pension benefits, stock options, or certain investments that are not traded on recognized exchanges
  • Interest in a professional license or practice
  • Collectibles, such as antiques, art, classic cars, or memorabilia
  • Payments during marriage on one spouse’s premarital debt, such as student loans or tax liabilities

Dividing the marital property can be further complicated by the existence of a prenuptial agreement, or questions as to the completeness and honesty of the other spouse’s financial disclosures at the outset of the case. In some situations, we need to engage forensic accountants and other experts to trace missing assets, identify prohibited transfers of community property, or account for significant differences between known income and reported assets.

With more than 20 years of trial experience, California family law attorney J. Hector Moreno, Jr. knows how to investigate and prove disputed property division issues. This skill can represent a significant advantage for divorce clients who are concerned about the risk of an unfair property settlement. To learn more about our ability to protect your interests in community property, contact The Law Firm of J. Hector Moreno, Jr. & Associates. Or, simply fill in the email form below.