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...
Community Property Division
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…
How will a San Diego Divorce Affect Retirement and Pension Plans
How will a San Diego divorce affect Retirement and pension plans? What do you need to know about these often large assets as you consider and work through a divorce? Generally speaking, retirement and pension plans which are started or contributed to between the date of your marriage and the date of separation will be considered to be community property…
How To Protect Yourself from the Debts of a Spouse
Are you wondering how to protect yourself from the debts of a spouse. There are many ways debt can be quickly accumulated. One of the first issues to address is perhaps student loans. It is not uncommon for each of the parties to have student loans as they approach a marriage. If the amount of each is relatively equal it…
What Does a Fair Property Division Solution Look Like in a San Diego Divorce?
Many people believe community property is split right down the middle between divorcing parties in San Diego. This isn’t the case and California Family Law doesn’t specify a 50/50 split. What does a fair property division solution look like in a San Diego divorce? How do the concepts of “fair” and “equal” apply in these cases? Community property in California…