Separate Property and Community Property Apportionment in Real Property During a California Divorce
Dividing real property in a California divorce can be complicated, especially when a home or other real estate has characteristics of both separate property and community property. Whether one spouse purchased the house before marriage, made mortgage payments using community income, or invested in improvements, determining the correct apportionment of real property requires legal expertise. At Fernandez Law Group, our Los Angeles family law attorneys and support staff guide clients…
Read MoreBenefits of Hiring an Attorney For a High-Asset Divorce
Going through the divorce process is a deeply emotional time. Sadly, it’s also the time to have a cool head in place to protect your rights and safeguard your assets, especially for divorcing spouses in high-asset divorces. One of the best benefits of hiring an attorney to navigate your high-asset divorce is that they are not emotionally involved in the breakup of the marriage. Instead, they can zero in on…
Read MoreWhat Will Happen to My Credit Card Points in a Divorce?
California is a community property state. During a divorce, California’s community property law requires a couple to craft a settlement dividing all assets and debts acquired during the marriage equally. If they are unable to negotiate a fair and equal division with the help of their Los Angeles divorce lawyers in order to sign a settlement agreement, then the matter goes to court and an impartial judge divides the marital…
Read MoreWhat Will Happen to My Airmiles in a Divorce?
California’s community property laws demand that all marital assets are divided equally during a divorce. With the complexities involved in dividing a household and what may amount to many years of acquired assets, you might think dividing airmiles is the least of a divorcing couple’s problems; however, the question of what happens to airmiles during a divorce is a surprisingly contentious issue for many divorcing spouses. For people who traveled…
Read MoreHow are Royalties Split During a Divorce?
A royalty is a sum of money paid to another person in exchange for using their property. Royalties may be paid to use a person’s music, art, photography, writing, or patented and copyrighted items. Any item that generates royalties is an asset, as is the income generated. Although the property that produces royalties is intellectual property, royalties are one of many types of assets subject to division in a California…
Read MoreIs My Ex Entitled to My 401K Plan in a California Divorce?
One of the most valuable assets possessed by spouses is their retirement savings. While 401K plans are treated much the same as other marital assets in a California divorce, there are factors to take into account when dividing these assets accurately. The following provides some general considerations and rules applicable to California property division, including 401K plans and pensions. For case-specific information, seek the advice of an experienced Los Angeles…
Read MoreAre Personal Injury Settlements Community or Separate Property in California?
Long before you decided to get a divorce, you were involved in a car accident. Another driver was to blame, so you filed a personal injury lawsuit for damages. After months of negotiations, you agreed to avoid court and settle the matter privately. You accepted a personal injury settlement for $50,000. Fast forward to today, and you’re in the middle of a contested divorce. You and your spouse can’t agree on…
Read MoreIs My Spouse Entitled to My Inheritance When We Get Divorced?
One of the most trying aspects of divorce often involves figuring out how to divide and allocate marital assets. Before you can begin to discuss how assets are divided, you have to identify which assets must be allocated. In California, property is classified as either community property or separate property. Community property must be shared equally, while separate property is retained entirely by each spouse. What happens when you receive…
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