Property Division

Under California Divorce Law, when a marriage is dissolved, the property and debts acquired by the parties during their marriage must be divided. Sometimes this process is simple. In many instances, however, the process can be quite complex and requires the assistance of a property division attorney. This is particularly true when the parties do not agree about the characterization of property or debts under California Divorce Law, or the value of property, or how the marital estate should be disposed of or divided.

Identification

It is imperative that parties disclose all their assets and debts, whether California Divorce law dictates that they are ultimately community property or separate property. We make certain that all pertinent information concerning assets and debts is identified and disclosed by both parties so that a fair division can be made according to the prevailing California Divorce Laws.

Characterization

California is what is sometimes called a community property state. This designation is a function of California Divorce Laws. Generally, under the current versions of California Divorce Law, property or debt acquired during marriage is considered community property. California Divorce Law provides 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 Christian Schank & Associates, our California Divorce Attorneys make sure that your property and debts are properly characterized by utilizing discovery methods, tracing and other investigative tools allowed for under California Divorce Laws.

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 and the prevailing California Divorce Laws to achieve the proper division of property and debts in a divorce case. Our California Divorce Attorneys 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 as provided for under California Divorce Laws.

Valuation

It is very 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. In most instances the proper valuing of property should be handled by a California Divorce Attorney. At Christian Schank & Associates, we are committed to making sure all assets are properly valued by using the finest experts in various fields.

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