San Jose Property Division Attorney Serving Silicon Valley, Santa Clara County, and Surrounding Areas
In California, community property is generally divided equally between two spouses. While the concept seems simple, and many times is, the many nuances of California family law can sometimes make the process of dividing property very complex. During the marriage, spouses often make decisions regarding property without taking into consideration what will happen if the marriage ends.
Disputes often arise as to the characterization of property as either community or separate. Issues regarding the commingling of community and separate property, claims for reimbursement of community and separate property contributions, and the need for tracing can make the process of dividing property very difficult. I make sure to take the time to understand the various assets and debts a client may have, and work to determine their interest and liability for each.
Often times family law litigants fail to realize that many different types of property will be divided as part of a divorce; a divorce is not just about pots and pans and bank accounts. Property that is also often at issue in a divorce proceeding include:
- Real estate, such as a family residence
- Retirement benefits like pensions, 401ks, and IRAs
- Family-owned businesses
- Non-traditional compensation like stock options, RSUs and ESPPs
To get help with property division in San Jose, Santa Clara County, Alameda County, San Mateo County, and all of the surrounding cities in the Silicon Valley area, contact The Law Office of Nathan S. LaMotte today.