Property Division Under the California Family Code

When a marriage is dissolved, the property and debts acquired by the parties during their marriage must be divided. Often this process is simple. In some instances, however, the process can be quite complex, particularly when the parties do not agree about the characterization of property or debts, the value of property, or how the marital estate should be disposed of or divided. At the Law Office of Cameron M. Fernandez, we assist our clients with property and debt division in the following ways:

Identification

It is imperative that parties disclose all information concerning their assets and debts, whether community or separate. This process can be confusing and overwhelming to someone who is going through divorce. We make certain that all pertinent information concerning assets and debts is identified and disclosed by both parties so that a fair determination can be made about these important issues.

Characterization

Generally, property or debt acquired during marriage is considered community property. There are some exceptions to this general rule that can result in property or debts being characterized as one party’s separate property instead of community property. These exceptions include, but are not limited to, property that was acquired during the marriage by gift, inheritance or devise or debts that did not benefit the community. At the Law Office of Cameron M. Fernandez, we make sure that your property and debts are properly characterized by utilizing discovery methods, tracing and other investigative tools.

ValuationIt is important that the value of community and separate assets are accurately determined and established in any divorce case. Complicated real estate holdings, business interests, professional practices, retirement plan benefits and personal investments are all issues that can arise, making the process more difficult. At the Law Office of Cameron M. Fernandez, we are committed to making sure all assets are properly valued by using the finest experts in various fields. We have wonderful working relationships with forensic accountants, certified valuation analysts, appraisers and pension accuaries who provide invaluable assistance in the valuation process that becomes the focus of many complex property divisions.

Disposition

The final critical step in dividing assets and debts in a divorce case is a determination of “who gets what.” We carefully balance our clients’ rights and wishes against their responsibilities in overseeing the division of property and debts in a divorce case. At the Law Office of Cameron M. Fernandez, we employ tactics that assist in settling property issues in many cases, but we are also ready to litigate those issues, as necessary. Our primary goal is to make sure our clients receive their fair share of the community estate and that any separate property is confirmed to them and to accomplish this goal in the most time-efficient and cost-effective manner.