San Jose Divorce Property Settlement Lawyer - John S. Yohanan

Under the California Family Code, all property and assets acquired by either spouse during the marriage (prior to separation) is presumed to be community property owned equally by both spouses, this includes retirement assets. All debts incurred by either spouse are presumed to be owed by both.

There are important exceptions to these rules that can cause difficulties in characterizing marital assets as community property - of which each spouse is entitled to claim half - or separate property, which belongs only to the spouse who owns it.  Likewise, there are exceptions to these rules relating to debts.

These exceptions will be recognized and evaluated to determine the extent of community and separate interest in an asset. For example, gifts and inherited property transferred to one spouse during the marriage are regarded as separate property and are not subject to division during the divorce.

Other problems can arise when the spouses agree simply to value all community property at fair market value, then split it 50-50. Depending on who receives a particular asset it's possible that one spouse can be left with all of the tax liability while the other received all of the deductions or favorable capital gains treatment.

In certain circumstances, when separate property is used to pay marital debts, the paying spouse can be reimbursed from the community property before it is divided between the parties.

I will take the time to make a thorough analysis of your marital estate situation in order to show you how to make the most of your divorce property settlement. I will advise you on the tax aspects of property division. Done properly, this level of examination can significantly increase the size of the marital property to be divided, and can prevent community assets from being unnecessarily diminished.

With more than 30 years of experience handling divorce cases in Santa Clara County, the law office of John S. Yohanan can help you understand the issues of property division while protecting your rights in negotiations and in family court.

I am attorney John S. Yohanan. As an experienced San Jose divorce attorney, I provide reliable and creative advice on a wide range of challenging issues, whether your problem involves tracing marital debt payments back to your separate property for reimbursement, or determining the appreciated value of complex marital assets such as a family business.

For legal guidance from a seasoned San Jose divorce attorney, contact my law office.

For additional information about my ability to assist with community property division, contact my San Jose law office.