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Recent Posts in Property Division Category

  • What Happens to the Family Home in a California Divorce?

    In many marriages, the most valuable asset couples have is the marital home, which is why determining what happens to it in a divorce can be one of the hardest decisions. Additionally, people are emotionally attached to their home, especially when children are involved. Remember, California is a “community property” state, meaning that the marital property is equally owned by both spouses, unless ...
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  • Divorce and Real Estate Mistakes: How to Avoid Them

    Navigating a divorce requires you to deal with many challenges, especially when it comes to real estate. You will need to determine how to divide real estate, what to do with your martial home, and more. This adds even more confusion to the mix. When it comes to divorce and real estate, here are some mistakes you want to avoid. What Not to Do When Navigating Marital Property Division During a ...
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  • How Do You Divide a Business in a Divorce?

    What happens to a family business during a divorce ? If this question keeps popping up in your head, you are not alone. In California, a business is considered an asset, which is subject to division during a divorce if considered marital property. Determining the value of a business requires the assistance of seasoned professionals, including accountants and appraisers. Today, we go over the ...
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  • Is California a Community Property State?

    California is considered a “community property” state and does not follow equitable distribution rules. This means a married couple’s community property should be divided equally in the event of a divorce (if there is no written agreement, such as a prenuptial agreement). Community property – also known as marital property – consists of all assets that a couple acquires during the marriage. To ...
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  • How to Handle Divorce and Mortgage

    When spouses divorce, they often struggle with figuring out how they will afford the mortgage on a single income. Whether you are taking on an existing mortgage or plan to secure a new one after your divorce , there are several things you can do to make the process easier to manage. Get Advice from Professionals When it comes to managing major finances like a mortgage, you need to be informed and ...
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  • What Happens if My Spouse Wastefully Dissipates Assets?

    In a divorce, the division of assets and property is often one of the most heavily contested issues. It can be hard to part with what you believe to be rightfully yours and, unfortunately, this leads some spouses to spend large quantities of marital funds or mismanage their shared finances. If you do engage in this behavior, however, your spouse can accuse you of wastefully dissipating assets, ...
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  • Disclosures in a California Divorce

    Declarations of Disclosure are required in California prior to entry of a Judgment of Dissolution. These are very important documents that must be completed accurately and completely. If not completed accurately or completely the other party in the divorce action may be able to set part or all of the divorce judgment aside. The disclosure requirements also apply to legal separations and domestic ...
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