Are you concerned about the division of substantial assets in a San Diego divorce? Generally speaking, the assets and debts acquired by the former spouses from the date of the marriage to the date of separation belong equally to both. Therefore, as part of the process of your divorce the Court must divide this community property equally between each of you.
This is not an easy process from either a legal or financial point of view. Complex asset divorce cases may involve any or all of the following assets:
- The equity in the your home
- Stocks (including those which are fully vested versus assets such as unvested stock options)
- Cash and all balances in marital financial and investment accounts
- Retirement plans or pensions
- Business assets or professional practices
- Second homes and other real estate
- Art, collections, jewelry and other miscellaneous but valuable assets
One of the complex questions during the division of substantial assets in a San Diego divorce is whether an asset is community property, the separate property of one of the parties or a blended asset. Generally speaking any asset which was owned or acquired prior to the marriage (and not commingled in any way with community funds or labor) will be a separate asset of the owner. If an asset is a blend of community and separate property, the Court must establish the valuation of the community’s interest in any asset prior to the division of the debts and assets of the parties.
Negotiation and mediation are powerful tools when working on the division of substantial assets in a San Diego divorce case. The fastest and least expensive method for resolving areas of disagreement between the parties is negotiation. This can occur between the parties themselves or in the presence of their attorneys. Mediation is a confidential and private venue which keeps your personal and financial information out of the public record while providing a constructive environment for identifying potential solutions to any area of dispute.
These cases require the proven, experienced counsel and representation of the Certified Family Law Specialists at Burke & Domercq. We are highly recommended by former clients as well as the legal industry. Ask about our experience with the specific types of substantial assets in your case and how we can make a significant difference in protecting your interests while working to accomplish your goals and objectives for the case.