Management and Control of Assets

Understanding Each Spouses Duties in A Divorce

Community property, also known as marital property, includes assets and debts acquired during the marriage. This property is equitably divided in the divorce settlement.

Since each spouse has a right to their share of this property, they have a duty to act in good faith and fair dealing with respect to community property. This fiduciary duty lasts throughout the marriage and until the time the community property is divided in a divorce.

A spouse cannot hide or transfer property to the disadvantage of the other spouse. During a divorce, a spouse cannot sell, dispose of or give away certain community property without the written consent of the other spouse. If one spouse acquired business interests during the marriage, they cannot sell, lease or otherwise encumber that interest without consent from their spouse.

I have seen spouses attempt to conceal assets by transferring them to the name of a family member. Typically, there is a paper trail that can be followed to ensure the property is returned to the community. In these cases the family member can be "joined" in the divorce proceeding. The Family Court judge will then have the authority to issue orders against the family member.

Experienced Asset Management Counsel

If your spouse has hidden, transferred or destroyed marital property, the law office I can help you. I am knowledgeable in the rights and duties of spouses throughout a marriage and divorce. I can help you bring a claim for breach of fiduciary duty to secure your rightful half of the marital assets.

I have substantial experience assisting clients with their divorce and helping them understand their rights in regard to marital assets. I will investigate your and your spouse's assets and finances. When necessary, I can bring in the help of a forensic accountant or financial expert to determine the proper distribution of community property. I can help you get the property you are entitled to in your divorce.

San Jose Divorce Asset Management Lawyer

During marriage and throughout a divorce, it is important to protect community assets so they can be properly divided in the divorce settlement. If you have a complex marital estate, or if you simply fear the destruction or loss of marital property in the divorce, you need an attorney well-versed in the property rights and obligations of parties in a divorce.

I will assist you in securing the property you are entitled to and make sure you are reimbursed for any mismanaged marital assets or debts during the divorce.

Contact a skilled San Jose divorce asset management attorney at my family law firm. Your first consultation is free of charge.