We are often asked “what will happen to the family business in our San Diego divorce?” Owning a small business or an interest in the family business will be handled as part of the community property division process. The valuation and division of the community property interest in the business is legally and financially quite complex. The business owner or…
Community property
Sell the Family Home or Keep it in a Carlsbad Divorce
Our clients often ask if it is better to sell the family home or keep it during a Carlsbad divorce. Once the decision to divorce has been reached, the disposition of the family home is one of the major issues to be decided. Much like child custody and parenting time, the division of community property and the disposition of the…
Financial Errors in a North County Divorce can be Costly
Financial errors in a North County Divorce can be costly. Couples in San Diego who are getting a divorce often have to deal with the emotions and other issues that can accompany such a drastic life change. Missteps made by divorcing people make can cost time and money. They include a lack of knowledge about assets, an absence of competent…
Issues to Consider When One of the Spouses Moves Out During a Divorce
Couples preparing for divorce are longer required by law to physically separate in order to establish the date of separation. Many still choose to do so. What are the issues to consider when one of the spouses moves out during a divorce? Moving out of the family home before the separation is completed and signed by both parties can have…
Does Commingling Separate Property Make it Completely Community Property
Does commingling separate property make it completely community property in a Carlsbad or North County Divorce? One of the most important aspects of a California divorce outside of child custody or parenting time is the characterization of property and how it is divided. If you owned property or had investments or a trust account before getting married, those assets are…
Who Gets the Family Home in a Carlsbad Divorce
Who gets the family home in a Carlsbad divorce? This is a complex legal issue and it is best to seek the counsel of an experienced proven Carlsbad Certified Family Law Specialist for guidance and insight. The equity in your family home is community property. Community property is to be equally divided between the parties. If the home was owned…
Valuation Isn’t Just for a Business in a Divorce
While it often applies to a company or professional practice valuation isn’t just for a business in a divorce. What is valuation and how is it helpful in the successful completion of the divorce process in Carlsbad and North County? Here in California, all marital debts and assets must be divided evenly between the former spouses. The process of property…
When Separate Funds are used for Marital Purchases
What happens when separate funds are used for marital purchases prior to a divorce? This occurs when one of the spouses uses money or assets they had prior to marriage (known as “separate property”) to purchase an asset which is classified as community property in a divorce such as the family home. How do you protect separate assets from community…
How Will Our Property be Divided in a Carlsbad Divorce
How will our property be divided in a Carlsbad divorce? California is a “community property” state. The marital assets and debts of parties considering a divorce are therefore known as “community property.” Community property is to be divided equally between the spouses. This includes all acquisitions during the course of the marriage, all debts incurred and the earnings of both…
How You Approach Your Divorce has Short and Long Term Consequences
How you approach your divorce has short and long term consequences you may not be aware of, especially if you have children. The manner with which the parties conduct themselves during the divorce process will have a significant impact on not only their emotional journey through the divorce itself, but their long term happiness as well. Divorce is obviously an…