Property Division & Characterization
If you are searching for Legal Counsel in the Santa Clara County, Santa Cruz County or San Francisco County; to name a few, to assist you regarding Property and Debt Division, contact our Family Law Firm. Our Attorneys have years of experience in Family Law handling Property Division and Characterization.
Property and Debt Division is part of Divorce or Separation. The process of determining what is community property accumulated during a marriage can include more than just homes or furniture. It can include:
- Stock options and portfolios
- Retirement plans, IRA's, and Keogh accounts
- Art and antiques
- Summer homes
- Commercial real property
- Vehicles
One of the complicated parts of Property Division and Characterization involves the legal issues of "commingling and transmutation of property".
- Commingling of property is when separate property and community property is so mixed together it can't be traced apart.
- Transmutation of property is when separate property changes to community property or vice versa.
Common questions are:
I bought my house before we got married but we continued paying on the mortgage after we got married. Do I still have to give any interest to my spouse during the Divorce?
Maybe. If any of the principle was paid down during the marriage with earnings during the marriage.
What is Characterization?
It is whether the property is community or separate.
We bought our house during marriage but did not put my name on the deed because of my credit. Does this mean I lost my community property interest?
No.
The Laws governing Property Division and Characterization are changing constantly. Attorney B J Fadem and our forensic CPAs have thorough knowledge and experience to make sure that your property is fairly divided and that you get what you are entitled to.
Our Attorneys are skilled at helping clients with Property and Debt Division legal issues as civil and polite as possible. This will save you both time and money. However, if the Opposing Side does not hold these ideals in high regard, we will be prepared to litigate at trial as zealously as necessary.
When you consult with our Family Law Firm, you will be getting:
- Legal advice and counsel based on 28 years of experience
- A Certified Family Law Specialist by the State of California
- Access to any outside resources needed such as mediators, investigators, analysts, forensic CPA
- Please read the FAQs prior to your Initial Consultation.
- A welcoming, child friendly office filled with toys
- Attorneys who are well respected by many Judges in many counties and within the legal community
Your issue may be time sensitive. Please contact our office to set-up your Initial Consultation. Lets Talk. Please read the FAQs prior to your Initial Consultation.
