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Property

Community Property and Separate Property

 

In California all property acquired during a marriage is presumed to be community property, but this presumption can be rebutted. Businesses, real property, investments, and personal property such as jewelry, art and automobiles are all subject to community property law.

 

Community property is presumptively divided equally between the parties upon dissolution of marriage.  Often there is a dispute as to what is community property and what is separate property, or one party may claim a right to be reimbursed for separate property contributions to the community.  An experienced attorney can help advise what is community property and what is separate property.  The attorney will also prepare evidence to support these property  determinations to be presented at trial if the parties are unable to reach an agreement to divide their property.   An experienced attorney may assist in getting the other side to agree to a fair settlement and avoid the expense of a trial.   Property issues which are not settled by agreement will be decided by the judge at trial.  Strong case preparation and representation by an experienced attorney can often help to avoid an expensive trial over property issues.

 

Real Property

Dividing the family home and other real property can be expensive and complicated.  A Certified family law specialist can make the process simpler and make sure the highest value is received.

 

Business Valuation

Valuing a business can be one of the most complex issues in many divorces.  Obtaining information and a fair valuation can be difficult for the “out spouse”. The issue of double dipping is also an important issue when income from a parties’ business will also be used for determining spousal support.  Don’t pay too much, or ensure that you are getting your fair share by hiring a Certified Family Law Specialist to assist with property division as part of your Dissolution of Marriage or Legal Separation.  Call the Law Offices of Matthew L. Rich for a free consultation to discuss your case.

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