Community property division in a Carlsbad divorce isn’t just dividing all assets in half and giving each former spouse their 50% share. Here in California, community property is to be divided equally and equitably between the parties. However, this doesn’t mean you sell every asset, pay off every debt and divide the remaining money equally between the parties. Part of…
Business Ownership
What is Separate Property in a Carlsbad Divorce Case?
What is separate property in a Carlsbad divorce case? California is a “community property” state. This simply means all debts and assets acquired by either or both of the parties during the term of the marriage (with a few exceptions) are considered to be community property and must be divided equally between the parties. There are three basic types of…
Managing Your Small Business Through a Divorce
Managing your small business through a divorce will be a challenging process. There are so many concerns on your mind regarding the divorce, child custody and what will happen to your business? How is a small business handled in a divorce? If you owned your small business prior to getting married and have not used any marital funds to support…
How Is Business Ownership Valuation Divided in a Carlsbad Divorce?
How is business ownership valuation divided in a Carlsbad divorce? How do you establish and then ultimately divide the community property interest in a business or professional practice in a North County or Carlsbad divorce case? In these cases, a “valuation” of the business or professional practice ownership must first be agreed upon or established by the Court. Once the…
Cost Effective Strategies for a Carlsbad Divorce
What are some cost effective strategies for a Carlsbad divorce? Many Californians attempt to file their own divorce, but more than half of these wind up hiring an attorney to complete the process. There are simply too many details to resolve, and every aspect of the settlement agreement, parenting plan, support payments and distribution of retirement accounts must be accurate…
Calculation of the Value of a Business in a North County San Diego Divorce
If you are considering a divorce and you or your spouse jointly or separately own an interest in a business one of the most important issues will be the calculation of the value of a business in a North County San Diego divorce case. When a divorce includes a business or professional practice the first step to determine the community…
How Does Business Ownership Affect a Divorce in North County San Diego?
How does business ownership affect a divorce in North County San Diego? Many operating agreements attempt to establish an unreasonably low value for the ownership interest. For example, a physician’s practice may establish the ownership value of each doctor’s interest in the practice at $35,000. In many cases, these clauses are shown to spouses in an attempt to intimidate them…
Property Division in a Divorce Isn’t Simply a 50% Division of All Assets
Property division in a divorce isn’t simply a 50% division of all assets. Generally speaking, the court is seeking a fair and equal division of community property between the former spouses. Part of the art and experience our attorneys bring to the table during any divorce are the creative solutions necessary to achieve a fair property division using “offsetting assets.”…