Dividing Property In A Divorce

Next to child custody, property division is often the most contentious issue facing couples who are going through a divorce. Making sure that property is divided fairly can be an incredibly complex process, and the consequences of miscalculating your stake in a specific asset can be severe.

California is a community property state, meaning that our courts consider community property as “all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state” (Fam C §760). While this may appear fairly straightforward, many assets may be considered a mixture of separate and community property, and the extent to which these assets can be allocated to your spouse may surprise you. Our Certified Family Law Specialist can help you protect and obtain your assets.

There’s more to consider than just divvying up furniture:

• How do you separate funds in commingled accounts?
• How do you divide stock options and RSUs?
• How will my home be divided if I purchased it prior to marriage but later added my spouse to the title?
• How will my interest in our home be determined if our home was purchased during marriage with both of our names on the title, but my name was removed from the title when we refinanced?
• What will happen to my retirement when we divorce?
• How do we divide our respective interests in a business run by one or both of us?
• How can I avoid being held financially responsible for my spouse’s irresponsible spending and debt?

Attorney Michael P. McDeavitt is a Certified Family Law Specialist with over 20 years of experience who dedicates his practice exclusively to Family Law. He has helped clients valuate and protect their assets for over two decades and can help you navigate the pitfalls of this complicated process.

Before you make any assumptions of ownership of any piece of property, sit down with our Certified Family Law Specialist to review the facts of your case and discuss your options. Contact our firm for a free consultation to learn how to protect your interests and handle your property division concerns. From our Pleasanton office, we handle cases in all of the surrounding communities, including Dublin, Livermore, San Ramon, the Tri-Valley and throughout East Bay.