In these property division articles, when you divorce, the court will have jurisdiction to divide up your property. Most assets in which either spouse has an interest in are property subject to division upon divorce. This means any real or personal property.
Assets Not Community Property
Certain assets not community property means that there are some property rights that may not be subject to division by a court in a divorce. These items include the following:…Read More
Once it is determined by the court what property the spouses own, it must figure out whether the property is community property or separate property. What is community property? What is separate property? Click on each link to find out more.
The first thing the court must do with regard to your property is to characterize your individual property items as either community property or separate property. The court can also apportion each asset as either part community property and part separate property….Read More.
Dividing Retirement Plans
Your pension, vested or not, is a community property asset if it was derived from employment while you were married. How will a court divide your retirement plan like a 401(k) or pension? Read more.
Dividing Stock Options
Many businesses award stock options to their employees either as a reward for past performance or as an incentive to remain with the company. Most companies will grant the options, but will require the options to be held by the employee for several years before they can be exercised…. Read more.
Tracing separate property.
Since property acquired during marriage is presumed to be community property, the party claiming that a particular asset is separate property, must be able to show the source of that asset. The spouse must show where that property came from– trace it to its source….Read More.
Separate property contributions to buy community property.
When you make separate property contributions, also considered contributing your own separate property (e.g. money), to buy a community property asset, you are entitled to a reimbursement for the amount contributed….Read More.
Who gets to keep the house?
One of the most common questions we hear in our cases is in a divorce who gets the house. In many cases, your marital home can the the biggest asset that a couple owns….Read More.
Increase in business value.
Suppose you started a business before marriage. While married, you work in the business and use the profits to pay your family’s living expenses. When you divorce, does your soon to be ex, get a portion of your business? Probably….Read More.
Division of assets
In your divorce action, unless you come to an agreement with your spouse, the court will divide all of your community property. The court can’t dispose of your separate property, but it can apportion community and separate property interests in different assets….Read More.
Assignment of debts
Most debts that a married couple incurs between the date of marriage and the date of separation (not separate debts) will be part of the community estate. Educational loans, however, incurred during marriage for the education and training of one spouse will be assigned to that spouse…Read More.
Can I kick my spouse out of our home?
In a typical divorce situation, either the married couple or one of the spouses will determine that they want a divorce. Once that happens, either spouse may decide that they would like their husband or wife to move out of the house so that they may have exclusive access….Read More.
How to remove your name from a house deed after a divorce
One very popular question that I frequently receive is how to remove your name from a house deed after a divorce. Often, a divorcing couple’s most valuable asset is their marital home. In a divorce, couples are concerned about how to divide the equity in their home…Read More