San Jose Marital Property Settlement Attorney - John S. Yohanan

One of the most difficult aspects of property division, particularly when members of the couple had a prior business interest, inheritance, owned a home before marriage, or came from wealthy backgrounds, is the task of establishing separate property interests.

Assets acquired during the marriage are typically, but not always, community property under California divorce law. Identifying those "not always" situations requires the legal knowledge of an experienced attorney and the financial expertise of an outside financial expert.

If you believe that you are due a larger share of the marital assets because you believe that they were purchased with income or inheritance that was "separate" from the marital assets, contact an experienced attorney at the San Jose law office of John S. Yohanan.

In the ideal situation (from the perspective of a divorce), you have kept your finances separate throughout the marriage, meaning:

• You did not co-mingle funds in a joint account
• You retained gifts, property, or inheritance solely in your own name
• You kept track of rental property as separate property and tracked income and expenses

Chances are, however, that this is not how you handled your marital finances. But there are still things that can be done to establish separate property.

• You can separate your bank account as soon as you know you will be getting a divorce
• We can reconstruct financial records, obtain bank statements and other financial documentation to prove a separate claim for assets such as an inheritance
• We can begin to construct a record of the separate funds used for the purchase of property or assets or to pay for marital debts (for which you may be eligible for reimbursement at the time of debt division)

I am divorce lawyer John Yohanan. For more than 30 years, I have been advising clients considering or in the process of divorce on how to protect their marital property rights and establish their separate property interests. My experience with complex marital estates and access to financial experts gives my clients a significant advantage in the assertion and protection of separate property claims. To benefit from the advice of an experienced Santa Clara County divorce attorney in property division in divorce, call my San Jose law office.