Property Characterization and Division

What is property characterization and division in a divorce?  Aside from child custody and parenting time, the most frequent source of dispute in California divorce cases is how property, assets and debts will be divided between the parties. California law stipulates that property acquired during a marriage is to be divided equally — not just “fairly” or “equitably” — and before property division can take place, property characterization must be completed.

Experienced, Diligent Property Division Lawyers In North County San Diego

Essentially, property characterization is the process of establishing whether specific funds and other assets will be treated as community or separate property. Many complexities can arise during this crucial step. At Burke & Domercq, LLP, we have the proven ability and resources to resolve disputed property issues in our clients’ best interests.

Whether property will be treated as community property by the court primarily depends on whether it was acquired before the date of marriage or after separation. Gifts and inheritances are exceptions, however, and many disputes involve valuation of complex assets. With decades of experience in contested, high-asset divorce cases, our Carlsbad property characterization lawyers are exceptionally prepared to address:

• Disputes that hinge on when and how specific assets were acquired
• Establishment of fair and accurate valuations for family-owned businesses and professional practices, real estate, special collections and other complex assets
• Issues of acquired interests and the right of reimbursement, which may be relevant when, for example, a once-separate asset has appreciated significantly during the marriage or one party’s separate assets were used to pay the other’s debts
• Potential tax consequences of various settlement scenarios, in order to provide our clients with the information needed for productive consultation with their accountants

Count On Exceptional Preparation And Sound, Comprehensive Legal Guidance

Your concerns may center on whether specific property may need be sold and the proceeds divided. You may be focused on keeping a specific asset or maintaining a viable business. Issues of spousal support may also be in play. The nuances of divorce negotiations and litigation of financial issues are familiar territory for our attorneys, and we call upon a strong network of other qualified professionals as needed.

We emphasize informed, practical counsel and accomplishment of clients’ goals in all we do. For the property characterization and division guidance you need in this pivotal time, we encourage you to contact our firm or call (760) 712-3741 to schedule a productive, discreet consultation.