Property Division

A family law attorney has three duties when it comes to helping you separate your marital property. First, attorneys have to characterize the property. Characterization is a determination of whether the assets were earned and/or accumulated during your period of marriage, or whether the items were purchased before or after your marriage. This is the primary concept of community property and separate property. What you had before your marriage remains your property so long as you can prove your ownership, the value, and if you can prove that the item was not expended during the marriage. Items received as gifts or inheritance directly to a spouse(and not to both spouses) can also be deemed as separate property. Each item, especially houses,retirement accounts, and investments should be reviewed and characterized by experienced attorneys.

Property Division

Once the various property is characterized, the property must be valued. Some things are easy to value. I dollar in your wallet or bank account is worth a dollar. However, a dollar in a retirement account or investment is not worth the face value. Why you ask? Well if you want a dollar from your retirement account, you will need to pay taxes on that dollar. Retirement accounts may penalize you if your take out funds before retirement age. Further, investment accounts and real estate fluctuate. How do you know you are placing the right value on your home, your car, or____________(fill in the blank). Family Law attorneys can help you find appraisers where needed and to value your assets.

Once your assets and debts have been characterized and valued, it is time to divide the property.Experienced family law attorneys can broker deals, assist with reimbursement issues, and get each party get a fair result under the law.

Walnut Creek Divorce Lawyer Blog - Division of Property
Client Reviews
★★★★★
"If you are looking for an attorney who cares about his clients, you will find him with Ethan Weisinger." Zachary L.
★★★★★
"Ethan was very comforting, honest, practical, reassuring, and efficient. I would HIGHLY recommend this law office!" Ashley D.
★★★★★
"Ethan Weisinger is a young, aggressive and charming lawyer who knows family law and handles himself professionally in court." Deborah
★★★★★
"Ethan and the entire staff cared about my case and were passionate about helping me. Very respectful attorneys in the community." Dr. Doug
yelp
Justia Lawyer Rating
State Bar of California
Super Lawyers
Expertise
BBB
Avo Rating
lawyer.com
2021 Family Law Badge
2020 Family Law Badge