How are debts divided in a San Diego divorce? Will I be responsible for the debts of my former spouse? Both spouses are technically responsible for any debt which was acquired from the date of the marriage until the date of separation. This applies to all debts and accounts regardless of whether either or both of the spouses are named…
Community Property Division
Does the Process of a Divorce Treat Assets and Debt Equally?
We are often asked “does the process of a divorce treat assets and debt equally? Will our property and debts be divided 50/50? Virtually every divorce in San Diego involves the distribution of assets and debts. Assets will include everything from the family home to personal property, a business or professional practice, retirement accounts or pensions, investments, real property and…
How is an Inheritance Handled in a Carlsbad Divorce
How is an inheritance handled in a Carlsbad divorce and what do you need to know if you received an inheritance during the marriage or may expect one during the process of the divorce itself? Is an inheritance considered to be community property or a separate asset? Let’s handle the issue of community property verses a separate asset first. Here…
Cover Your Assets in a San Diego Divorce
Are you considering a divorce in Carlsbad? Are you a business owner or professional such as a doctor or engineer, or a high-earning professional? Are there proven strategies to cover your assets in a San Diego divorce while protecting your short and long-term interests? High wage earners and professionals realize they have a lot to lose in any divorce. However,…
Getting to the Actual Valuation of Assets in a San Diego Divorce
One of the most challenging aspects of any divorce, but especially a divorce involving substantial assets and income, is the division of assets and debts. The core challenge of property division is getting to the actual valuation of assets in a San Diego divorce so that they may be fairly and equitably divided between the parties. It is important to…
What Happens To Our Home in a San Diego Divorce?
You may be wondering: What happens to our home in a San Diego divorce? This is a central question in every divorce which involves home ownership. Who gets the house? What’s the best decision for your unique circumstances? First, if you are a parent you should not move out of the family home without seeking the counsel of the proven…
Who Gets the Home in a San Diego Divorce?
Who gets the home in a San Diego Divorce? We are often asked this question, however there is no simple answer to the ultimate disposition of your home at the outset of a divorce. The family home represents many things to both parties in a divorce. There are many components: financial, emotional, impact on the children, and even pride and…
How Will the Court Differentiate Community Property From Separate Property
We are often asked how the Court will differentiate community property from separate property in a Carlsbad divorce case. You are required to fully, truthfully and accurately disclose all assets, property, investments, retirement accounts, business or professional practice interests, collections, debts, obligations, loans and credit cards to the Court at the outset of your divorce. You will be required to…
Cash Advances or Credit Card Purchases Before or During a Divorce
Are you concerned about cash advances or credit card purchases before or during a divorce? Unfortunately, this is a common challenge our clients face in the months leading up to a divorce, or once the decision to end the marriage has been reached. In some cases it is “payback” for a perceived slight such as infidelity. In other cases it…
You Are Legally Required to Fully Disclose Every Asset and Debt in a Carlsbad Divorce
California law clearly requires every individual to fully disclose every asset and debt in a Carlsbad divorce. This applies to many things often missed such as retirement accounts, personal injury settlements as well as separate and pre-marital or gifted assets! We are often asked “what information must be disclosed?” The short answer is simply any and all information you possess…