Community Property Division
For representation in all areas of California family law, Attorney John S. Yohanan is on your side. If you have questions about property division, contact me for answers and guidance through this complex area of the law.
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 and all debts incurred by either spouse during the course of the marriage. This rule is not absolute. There are exceptions. Your attorney needs to be aware of these exceptions to be recognize whether they may apply to your case.
Assets which were owned prior to marriage or acquired by gift or through a will during marriage are separate property. Again, there are exceptions to this rule. For example, if inherited funds were placed in the same account as community funds it may be impossible to determine what funds are separate and what funds are community.
Likewise, there are exceptions to the rules relating to shared debts. Many couples need help in clearly defining community property and pursuing a divorce decree that is fair. An experienced lawyer is vital in such situations. I can help you with all aspects of division of community property no matter the complexity of your circumstances.Business Interests, Inheritance, Investments and Other Complex Division Issues
When you call for a free consultation, you can discuss your situation with your attorney in a candid and confidential way. You will gain peace of mind getting answers and advice from an experienced San Jose divorce lawyer. Even for divorcing couples who are in agreement on most issues, problems can be avoided by contacting an experienced lawyer.
For instance, when spouses agree to simply value all community property at fair market value, then split it 50-50, unforeseen challenges may arise. Tax consequences need to be considered. Your division may seem 50-50 now but tax consequences in later years could drastically change what you really receive. To avoid this and other challenges, seek out guidance from a lawyer who knows how to protect your long-term interests.
Other complex issues may arise with business valuation, taxation issues and retirement accounts. I can help you with all of these. To have a supportive staff on your side, to have forensic accountants and other specialists working for you, and for an attorney who will listen to your concerns and conduct a thorough analysis of your marital estate situation, call the Law Office of John S. Yohanan. You may be able to minimize your tax burden and avoid unnecessary conflicts with your soon-to-be ex about complex property division issues.
With more than 30 years of experience handling divorce cases in Santa Clara County, I can help you understand the issues of property division while protecting your rights in negotiations and in family court.