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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

How to Account for the Value of Appreciating Assets

While many assets can be readily appraised for an accurate value at the time of divorce, like real estate and bank accounts, other assets can be hard to accurately appraise, posing potential problems to an equitable property division. Read More>

How to Keep Your Assets Secure During Divorce

In a divorce, you may feel financially vulnerable. You worked hard for your financial well being and now you may have to fight to keep as much as you can. Read More>

Knowing Your Worth: What is Considered an Asset?

One of the most complicated parts of a divorce is dividing the net worth of the marital party, which requires taking stock of all assets and all debts. Read More>

Self-Employment and Divorce: What You Need to Know

Dealing with finances in a divorce can be a headache. Property division in California follows the community property rule; all marital assets are to be equally divided between the two spouses. Read More>

Where Does all the Money Go?: Uncovering Hidden Assets

As part of any divorce, both parties have to disclose their financial information to include income and expenses, assets and liabilities. It is with this important information that the court will determine child support, spousal support and any property division. Read More>

Intangible Assets: Intellectual Property and Divorce

Intangible assets, like patents, copyrights and royalties, may not produce steady or predictable income, yet they are valuable for their potential to produce income and rise in value. Read More>

Inheritance and Divorce: What Happens to My Inheritance in a Divorce?

Your family has your best interests in mind when they leave you an inheritance. Inheritances are meant to distribute and maintain wealth in the family and so when a couple divorces, it can be difficult to know who has a right to what when it comes to inheritances. Read More>

Debt Division During Divorce

Property division in a divorce is almost always paired with the division of community debt. Since California is a community property state, upon divorce, it is the net value of the marital community that is being divided, not just the assets. Read More>

What is a Schedule of Assets and Debts?

As part of a divorce, both parties will be required to fill out and file a Schedule of Assets and Debts. Dividing the assets and debts in a marriage can be fairly complicated. Read More>

How Can a Premarital Agreement Help Me?

If you have significant or unique assets you would want to protect in the case of divorce, you could benefit from a premarital agreement. Read More>

Is Gifted Jewelry Considered Community Property?

Husbands often give gifts to their wives before and during the marriage. One of the most valuable, and perhaps most sentimental of gifts, will be jewelry. When couples divorce, personal belongings, property and other assets and debts all have to be divided. Read More>

Business Ownership and Divorce

Owning a business can bring you financial security and sustainability. When you divorce, that security and stability is put at risk. As a community property state, California requires all assets or property acquired during the marriage with funds and efforts from the marital community be divided equally in divorce. Read More>

When is a Business Separate Property?

If you own a business, you may have spent years of hard work and sacrifice to be able to either build it from the ground up or purchase it. Determining whether it is property of the community or not will depend on when you acquired your current interest in it, with what funds and through which efforts. Read More>

How to Value Your Personal Property

In a divorce, all community property needs to be equitably divided between the two marital parties. This includes personal property, or the items and belongings you have in your home or stored somewhere. Personal property, as opposed to real property, can be more easily divided than something like a house. Read More>

Dividing Retirement Plans in a Divorce

Depending on how long your marriage has lasted; you may have made significant contributions to a retirement plan while married to your spouse. Dividing a retirement plan isn’t entirely different from dividing any other community property, however it does require that a Qualified Domestic Relations Order, or QDRO, be filed. Read More>

When is a Business Community Property?

When starting the divorce process, you may be concerned about protecting the assets you’ve worked hard to acquire. In California, property acquired during the course of a marriage is considered community property. Property acquired prior to the marriage is considered separate property. Closely held businesses are considered a divisible property during a divorce. Read More>

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