San Mateo Complex Property Division Lawyer

Division of Marital Property in California

California is a community property state. Any assets or businesses that are brought in during the marriage are considered community property. At JC Law Offices, our lawyers have experience handling division of complex marital property where the couple has substantial assets that must be divided to ensure an equitable split. Contact us today to discuss the division of marital property issues you are facing.

• Real estate is divided according to community property statutes. When dividing real estate, appreciation and depreciation is factored in to any calculation. The properties must properly appraised to ensure the division is accurate. In addition, it is necessary to trace any separate property contributions of either party to the purchase of the real estate to determine how much of the value of the property is in fact community versus separate property.
• Stock options and retirement accounts (such as a 401K) are subject to division. Given the complex history of such assets, specifically, where part of the account is accumulated before the marriage, it may be necessary to employ an economic forensic expert to help determine the separate and community property components of such assets, which will determine how it is to be divided.

Business Valuation

Clients often do not understand their rights to portions of the closely held business which was established or owned by one or both of the parties during their marriage. Our attorneys understand the complexities involved with division of marital property and work aggressively to see that your interests are maintained during the equitable division of marital assets and businesses.

When attempting to determine the value of a business, we seek the advice and guidance of business valuation experts who can prepare an appraisal. Determining the accurate monetary value of a business is important in a divorce. By ensuring that the proper value is placed on the business, we can take steps that are essential in seeing that you receive your equitable share of the business, or are otherwise compensated for the portion of the business to which you are entitled.

It is important to note that any profits of the business earned during the term of the marriage are considered community property. Though it may appear separate, if one spouse's unique skill is used to benefit the business while the couple is married, the income generated by that skill may be subject to division.

When dealing with the division of complex or high-dollar marital property, we enlist the services of an accountant, forensic economic expert or another type of expert who can help with the characterization of assets as separate or community property and its proper valuation. This expert can also assist in determining debt division, since debts that accumulated throughout the course of the marriage are also subject to equitable division between the parties.

• Contact an Attorney

To learn more about the division of marital property and how complex assets and debts are divided, contact a lawyer at JC Law Offices in San Mateo, California today. We can schedule an appointment for you discuss your situation and options.