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…
Community
Why Does the Date of Separation Matter in Carlsbad?
Why does the Date of Separation matter in Carlsbad or San Diego divorce cases? What legally designates the Date of Separation? What is the legal and financial relationship between married spouses between the date of their marriage and the “Date of Separation?” The “Date of Separation” is an important date in the process of a divorce. When two parties get…
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…
Income Earned During Your Marriage is Usually Community Property
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…
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. …
The Date of Separation in a San Diego Divorce
Why is the date of separation in a San Diego divorce so important? Simply put, the date of separation is the legal point at which the marriage comes to an end and future earnings and acquisitions can become the separate property of the former spouses. From a legal perspective, the date of separation in a San Diego divorce is a…
How do You Manage the Community Interest in a Business During a San Diego Divorce?
How do you manage the community interest in a business during a San Diego divorce? What are the options available to the owner of the business and/or their spouse? The first step is to establish the value of the marital interest in the business before the Court. The process, known as “valuation,” usually involves certified appraisal expertise and can be…
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…
Dividing the Growth in a Business During a San Diego Divorce
How is a business handled in a San Diego divorce? One of the first questions is when was the business interest acquired? If the business was acquired or started during the course of the marriage it will be considered as a community asset which is to be divided equally between the parties. If the business was acquired prior to the…
What is the Difference Between Community Property and Separate Property in a San Diego Divorce
What is the difference between community property and separate property in a San Diego divorce? Why is this important and how can you best protect your interests? Here in California, all community assets and debts are to be equally divided between the parties. Community property is considered to be any asset or debt which was obtained or incurred by either…