Some married couples in Carlsbad open a joint bank account and share finances the moment they say, “I do.” Other couples choose to keep things more separate, maintaining separate bank accounts and deciding who will pay which bills. There is no right way to handle...
Community Property Division
What is a postnuptial agreement and how can it help me?
When you were engaged to your now spouse the idea of getting a prenuptial agreement may have been the furthest thing from your mind. The wedding planning may have taken up all your attention or you may have had the notion that prenups were an unromantic sign of...
How to find out if your spouse is hiding assets during a divorce
Divorces can be very emotional. The bitter feelings of the breakup may lead both spouses to try and get as much as they possibly can and leave the other spouse with as little as possible. Sometimes these feelings are understandable, but they can lead to serious...
Emotions aside, why should I fight for the family home?
Many times, a California couple’s largest financial asset is their family home. The home might also be a place to which all parties have become attached emotionally. On a related point, a Carlsbad couple’s children may see the home as a place of stability during what...
Can there be reimbursement in property division during divorce?
California couples who are in the middle of a divorce – especially a high-asset divorce – will be concerned about financial issues. That unavoidably includes the division of property. While the law has certain basics when it comes to property, it can still be made...
What you should know about prenuptial agreements
A prenuptial agreement is a powerful tool for Carlsbad couples who want the security of knowing how property and finances will be divided in the event of a divorce. There are many benefits to a prenuptial agreement. You will have sense of security and assurance,...
What is property characterization?
Much of a couple’s focus during divorce is deciding how to divide marital assets. While every state has different divorce laws, the courts will determine property division either equitably or equally. A majority of states follow equitable distribution guidelines, in...
CalSTRS Retirement Assets and Social Security in a San Diego Divorce
What are the best strategies for managing CalSTRS retirement assets and Social Security in a San Diego divorce? How will the CalSTRS retirement for California teachers be handled in a San Diego divorce case? The division of CalSTRS retirement assets in a Carlsbad divorce case, as well as other public retirement vehicles such as CalPERS, Police Officer (PO) and Fire…
Make a Full Disclosure of Assets and Debts in a Carlsbad Divorce
You must make a full disclosure of assets and debts in a Carlsbad divorce. California law clearly requires every individual to make a full, transparent disclosure of all financial assets and liabilities in a divorce. We are often asked “what specifically must be disclosed?” The short answer is simply any and all information you possess regarding an asset, investment, account,…
What Are a Few Examples of Separate Property in a Carlsbad Divorce
What are a few examples of separate property in a Carlsbad divorce case? Once all of the assets and debts are clearly established in the process of property division, one of the next steps is to identify those assets and debts which are “community property,” those which are to be considered as the “separate property” of either spouse and those…