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Steve Fernandez and Mark Karney are both Certified Family Law Specialists* with over 50 years of combined experience.

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Category Archives: Property Division

Are 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 Read More>

Is 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, Read More>

How a New California Law May Affect Your Pets in a Divorce

Divorce is tough on everyone involved – including family pets. To many, pets are like children. However, pets do not get the same treatment as kids in a divorce. Rather, pets are typically considered to be personal property in the Read More>

How Can Spouses Divide Property in a Divorce?

Divorce can be difficult for anyone. When you’re a celebrity and are worth millions of dollars, navigating a split can be even more complicated. Seven months after initially filing for divorce, actress Julie Bowen and her husband seem to have Read More>

Do I Have to Sell My Home in a California Divorce?

Depending on whether the house is separate, community or mixed separate and community property, the value of your home can be divided in a variety of ways. Read More>

Preparing to Divide Your Marital Assets

When you get a divorce you will be required to make a lot of decisions. You’ll have to decide on a custody arrangement for your children. You’ll have to determine if you or your spouse will receive alimony after the Read More>

Georgina Chapman Still Silent About Future Divorce From Harvey Weinstein

It has been more than two months since accusations of sexual assault and harassment against Harvey Weinstein began to surface. Since the initial accuser stepped forward, nearly 100 women, including some of the most famous actresses in the country, have Read More>

Transmutation Agreements in California

When you divorce in California you may wonder what happens to your property. Who gets the house? What about the car? Can you keep your entire baseball card collection that may be worth hundreds of dollars, or will you have Read More>

Dividing Employee Benefits in Divorce

Most employers offer options for employees to participate in employee benefit programs as a way to reduce the amount(s) they pay in salaries each year. Many employee benefit plans offer great tax advantages for both employers and employees, so they Read More>

Can I Buy My Teen a Car Without My Spouse’s Approval?

During a divorce, you and your spouse will be restricted in what financial actions you can take by a set of restraining orders. These restraining orders are automatic and temporary, included in the summons and effective with the filing and service of the initial divorce papers. Read More>

I Have Season Tickets; Are These Subject to Division?

California’s community property rule governs the division of debts and property in divorce. All property acquired during the course of the marriage is subject to 50/50 division upon divorce. Property is defined broadly; anything that holds value is property. Given the value of a set of season tickets, be it for a sports team or the opera, they are considered valuable property. Read More>

Can We Divide our Assets However We Want?

During a divorce, much of what happens and decided upon is up to you, as long as you follow standard California family laws and your spouse is in agreement with you. For example, you can divide up your debts and assets according to your needs, as long as your spouse agrees to the division and the total net value of your marriage is equally distributed. Read More>

How Can a Divorce Affect My Credit?

During a divorce, your resources of time, money and patience will deplete. Because of this, it is easy to overlook a few late payments here and there. Similarly, if your spouse has been ordered to pay for certain bills during and/or after the divorce, you could be subject to the consequences of them not following that order. Read More>

What Happens to Student Loans in a Divorce?

You may be wondering how your or your spouse’s student loans will be divided in the divorce. If you both have equal student loan debt, the arraignment may be easy to work out. If the debt is more skewed, you may want to focus on dividing the total net value rather than each individual debt or asset. Read More>

What is Divorce Settlement?

A divorce settlement occurs when the two parties come to agreement about all the divorce issues and numbers, schedules and divisions are “settled”, so to speak. Property division, spousal support, child support and the parenting plan and timesharing schedule all need to be agreed upon before a divorce can be finalized with the court. Read More>

Who Gets the Vehicles in a Divorce?

While you are dividing your community property in the divorce, you may have some questions when it comes to dividing the vehicles. Cars are a little different than other forms of property. If you both use your own separate cars, it may be as simple as you each taking the car you primarily use. Read More>

What Does Transmutation Mean in Property Division?

When a couple divorces, they must go about dividing the assets and debts accumulated over the course of the marriage. This can be one of the most difficult, time-consuming tasks in a divorce. California is a community property state meaning all marital property is equally owned by both spouses. Read More>

How to Handle Separate Property During a Divorce

Separate property is property not subject to California’s community property rule in divorce. Property is considered separate when it is acquired prior to marriage, after separation, or acquired during the marriage through certain kinds of gifts or inheritances for one named spouse. How you handle your separate property during a divorce can affect how much of it you walk away with. Read More>

What Does a Forensic Accountant Do?

Dealing with the dividing of family finances is often one of the most contested areas of a divorce. Couples with significant assets, an overall high net-worth or with issues of self-employment or business ownership may face more difficulties when approaching divorce financials than others. Read More>

How to Keep Separate Property Separate

Under California’s community property law, all property that belongs to the marital community must be divided equally upon separation or divorce. Community property is considered property acquired by either spouse during the marriage, but prior to separation, and with community resources. Property acquired prior to marriage is considered separate property. Keeping separate property apart from community property from the beginning of a marriage is the best way to ensure the property is not divided with the community property during a divorce. Read More>

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