Will You Have To Give Up Your Property In A Divorce?

Asset division can be one of the most complex and emotionally charged issues in a divorce. We understand that you have concerns over what will happen to the assets and property you have worked so hard to acquire. We will not only help you understand how property division works in California divorces, we will work to protect your fair share of the marital estate. At De Ita, Lowe & Wald, LLP, we understand how important it is to leave the marriage with enough financial resources to help build a new life.

California is a community property state. Under California Law assets earned, purchased or accumulated over the course of your marriage are generally community property, with certain exceptions like gifts or inheritance. Disputes over assets and money can be complex , but our team will fight to help you secure your rightful share of marital property and protect what is rightfully yours.

Properly Characterizing Your Property

When ending a marriage, there are often disagreements over characterizing property. Inherited property and retirement funds are two of the most commonly contested assets in a divorce, and you have to determine if these valuable assets are community property or separate property. Inheritances are typically separate assets, but if you comingle the funds, a court may determine it is community property and should, therefore, be divided.

You worked hard to build your savings for retirement, but divorce may threaten your plans for your golden years. We help you address factors such as interest accumulated over the course of the marriage and division of complex stock options. As part of the division of any retirement benefits, we can pursue a Qualified Domestic Relations Order or QDRO. Our goal is to ensure you have the financially stable future you deserve.

We Fight For Fair Resolutions For Our Clients

Sometimes, a 50-50 division of assets is not possible or even the best fit. So, in some situations, we may be able to negotiate trade-offs that allow a spouse to take over full ownership of an asset in exchange for something else of value. There are often many different ways to achieve our clients' individual goals. We will explore every option that might work best for you.

If you have concerns over protecting your property and fighting for a reasonable property division outcome, we can help. You can meet with one of our attorneys to discuss your questions in a free initial consultation. Schedule yours by emailing our San Mateo office or calling 650-918-4999.