Property division during divorce proceeding and legal documentation

Property Division

Community Property/Assets

Community property assets consist of all assets and property that have come into the marital estate during the course of the marriage, excepting those which were bequeathed (inherited) specifically as separate property. California community property doctrine views qualifying community property marital assets as owned equally by the Husband and Wife up to the time of separation. With reasonable deliberation that considers the marital estate and the Parties needs that are dividing it, divorcing couples are quite capable of deciding for themselves how the estate is to be allocated. At Go Divorce Clinic, we assist clients in discussing the specifics toward a fair and equitable distribution of the marital estate. It is certainly preferable that divorcing couples do not spend resources arguing over the division of their estate, which only cuts into the very resources they are needing to utilize in the post dissolution chapter of their lives. These precious resources are also important to preserve for any children that may be a product of the marriage. At Go Divorce we successfully assist the dialogue between our clients to help them divide their property and assets everyday, because we want your children to benefit from your hard earned money, not an attorney.

Separate Property

Separate property assets consist of all assets and property that were owned prior to the marriage, and that were acquired after the date of legal separation, in addition to those items which were bequeathed (inherited) specifically as separate property or as directed by a prenuptial or antenuptial agreement. Separate property within a marriage can also be determined by a post or prenuptial instrument. Qualifying separate property belongs solely to the originally designated owner, and is not subject to community property doctrine division at the time of legal separation or divorce.

Debt

Community property debts consist of all debts that have come into the marital estate during the course of marriage, excepting those which were bequeathed upon (inherited specifically) as separate property debt. California community property doctrine views qualifying community property marital debts as owned equally by the Husband and Wife up until the time of separation. With reasonable deliberation that considers the marital estate and the Parties needs that are dividing it, divorcing couples are often quite capable of deciding for themselves how the estate debts are to be allocated. At Go Divorce Clinic, we assist clients in discussing the specifics toward a fair and equitable distribution of the marital debts. Marital debts are often subject to lender considerations who may elect to hold each divorcing Party liable to prior contracted debts arising from within the window of the marriage regardless of any agreement the divorcing party may arrived at. Tax liabilities accrued by couples may be enforceable against both Parties by state or federal taxing agents regardless of any tax debt assignments agreed to within marriage settlement contracts. Go Divorce Clinic assists with the communication of clients sorting through the various forms of marital debt, and by referring clients to professional advice from experts in the field to help them discover the best way for them to manage and allocate existing marital debt.

Pension and Retirement Accounts

Military, state and county pensions require skilled understanding and experience, and at Go Divorce Clinic we have assisted many clients with retirement assets. Whether you require a QDRO or not, Go Divorce Clinic can help you find the professional resources to navigate and structure a settlement of retirement accounts that will help you allocate these more complex assets.

Real Property

These days the economic realities for real property are sobering. Many homeowners that come through the office at Go Divorce Clinic are presenting homes that either have little to no equity, or are deeply "upside down" (owing more debt on a mortgage than the home is worth). Foreclosures are not uncommon, however there are some possible options out there. Typical clients do not require outside assistance to resolve these challenges, but when they do, Go Divorce Clinic has helped so many of these couples find creative solutions through the outsourcing of a network of high integrity professionals. These resources have been carefully selected from only those individuals that are the best in their respective field, and that provide options such as refinance, short sales, and reverse mortgages, in addition to straightforward real estate sales. At Go Divorce Clinic we pride ourselves in the trusted relationships we have worked hard to establish with a reserve of accomplished professional resources that can be called upon to assist our clients if the services of these particular professionals are ever required.

Wills And Trusts

Often in the cases of divorce, real property title needs to be restructured, and life insurance as well as wills or trusts are often reviewed. Go Divorce Clinic helps its clients be aware of these important considerations that are often forgotten. In the case of divorces with children, wills, trusts and life insurance can be essential items to discuss and sort out. Go Divorce Clinic has always had a child advocacy centered emphasis and therefore we help our clients communicate with each other about the ways in which they can choose to help their children enjoy the safest, and healthiest post divorce environment and structures.

Bankruptcy

The recession has created financial hardships on so many now that Banckruptcy discharges are no longer an uncommon part of the financial profile of clients settling their divorce through our office at Go Divorce Clinic. The most common for our clients has been Chapter 7 Bankruptcy discharge under §727 of Title 11, United States Bankruptcy Code. Bankruptcy discharge decrees for our clients are typically issued under the jurisdiction of the United States Bankruptcy Court, Northern District of California,

To schedule a meeting contact GDC at 707-978-6886 or Email.

GDC and its agents are not attorneys. No information provided on this website is intended as legal advice or counsel for a divorce or any matter, and should not be construed as such. Accordingly, the information on this site is provided with the understanding that the authors and publishers are not herein engaged in rendering legal, accounting, financial, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal, financial or other competent advisers. In no event will Go Divorce Clinic, its related partnerships or corporations, or the partners, agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information presented in this site, or for any consequential, special or similar damages.

Back to the top