What are some of the implications of divorce when it comes to your finances? From an earnings perspective, income earned during your marriage is usually community property unless you have a prenuptial or postnuptial agreement which states otherwise. Anything which was purchased, earned, contributed to or signed for from the date of the marriage until the date of separation will…
Community Property Division
How Should a Divorcing San Diego Couple Divide their Home
How should a divorcing San Diego couple divide their home? What is the best solution for the family residence in a divorce? When California couples divorce, property division issues such as the family home can be challenging and drawn out. Often, each spouse has something that he or she wants and is willing to make concessions to get. However, often…
What is Commingled Property in a San Diego Divorce?
What is commingled property in a San Diego divorce and how does that affect the division of community property? One of the most complex issues in almost any divorce is the division of assets and debts. People have strong feelings about specific property as well as money. One of the first concepts you will come to understand in your divorce…
How Do You Prove an Asset is Separate Property in a San Diego Divorce
How do you prove an asset is separate property in a San Diego divorce? Generally speaking, any asset (or debt) acquired prior to the date of the marriage or after the date of separation is the separate property of the owner as long as marital funds, assets or labor weren’t commingled in some way during the course of the marriage. …
Dividing Stock Options in a San Diego Divorce
One of the more legally and financially complex issues is dividing stock options in a San Diego divorce. Most assets and debts which comprise community property are fairly easy to value and ultimately divide. The value of assets such as cars and houses are fairly easy to quantify. Stock options, by their very nature, cannot be simply sold to a…
The Division of Substantial Assets in a San Diego Divorce
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…
What Happens to the Family Home in a San Diego Divorce
We are often asked what happens to the family home in a San Diego divorce? While this can be a very contentious and complicated issue in any divorce there are generally three options for managing the family home in a divorce: Sell the Home One of the Spouse Wishes to Keep the Home After the Divorce Both Spouses Share the…
Educate Young Adults About Prenups in San Diego
Why should parents in California consider a strategy to educate young adults about prenups in San Diego? Parents here in California offer their children a lot of advice before they even graduate high school. Some experts say that financial advice should include information about the value of prenuptial agreements. Introducing the subject before a child has become involved with a…
Commingled Assets and Debts in a San Diego Divorce
How will the Court handle commingled assets and debts in a San Diego divorce. Generally speaking, there are principally two types of community property in a San Diego divorce – “community property” and “separate property.” Basically, community property will encompass any assets and debts which are obtained by the parties jointly or separately from the date of the marriage to…
Division of Retirement Plans in a San Diego Divorce
How will the division of retirement plans in a San Diego divorce be accomplished? Why is the division of retirement accounts, pension plans, 401(k) accounts, IRAs, Roth IRAs, SEP-IRAs, family owned business and privately funded plans, state employee and teacher’s retirement systems so contentious in California? Retirement accounts are quite often the second largest asset(s) of a couple outside of…