Difference Between Separate Property and Community Property

What is the Difference Between Separate Property and Community Property

Pierre Domercq Divorce

What is the difference between separate property and community property in a North County or Carlsbad divorce? Why does the distinction between separate property and community property matter? The short answer is found in the division of the property during a divorce. Community property is generally divided fairly equally between the parties under California law. Separate property is not subject …

handling a business in a North County divorce

Options for Handling a Business in a North County Divorce

Pierre Domercq Divorce

There are many options for handling a business in a North County divorce. If you or your spouse own a business or an interest in a business or professional practice you need the experienced Certified Family Law Specialists at Burke & Domercq. The questions surrounding a business during a divorce are legally quite complex and the impact on the day-to-day …

Retirement Divided in Divorce When Only Part of the Years Served

How is Retirement Divided in Divorce When Only Part of the Years Served Were During the Marriage

Pierre Domercq Divorce

How is retirement divided in divorce when only part of the years served were covered by the duration of the marriage? This is a question of “community property” and “separate property” and a recent California Appeals Court case sheds some light on this issue. For example, if the retirement in question was based upon 30 years of service and the …

Your Spouse may be Attempting to Hide Assets during your Divorce

Do You Think Your Spouse may be Attempting to Hide Assets during your Divorce?

Pierre Domercq Divorce

Do you think your spouse may be attempting to hide assets during your divorce?  The initial orders and instructions in a North County or Carlsbad divorce require former spouses to disclose all assets and liabilities to each other in a complete, transparent and accurate manner. Each spouse has a fiduciary duty to act in the other’s best interests. Violating these …

Community Property or Separate Property

Community Property or Separate Property in Your Divorce?

Pierre Domercq Divorce

What is community property and what is separate property in your North County or Carlsbad divorce? Why is the “date of separation” such an important issue in your divorce? When a couple divorces in Carlsbad, their assets and debts (or liabilities) must be carefully accounted and appropriately divided. The property, assets, accounts and investments which they acquired or accumulated during …

Keep Separate Property Separate from Community Property

Keep Separate Property Separate from Community Property During a Carlsbad Divorce

Pierre Domercq Divorce

What is “separate property” in a Carlsbad divorce and how can you ensure to keep separate property separate from community property during a Carlsbad divorce? The way you manage your separate property and conduct your affairs immediately leading up to and during the course of your divorce can make a difference in how much of the separate property you may …

Establishing the Valuation of a Business in a North County Divorce

Establishing the Valuation of a Business in a North County Divorce

Pierre Domercq Professional Practice & Business Ownership

What is the process for establishing the valuation of a business in a North County divorce? How will a business ownership or an interest in a professional practice be handled in the divorce? These questions are actually quite legally complex and this is why it is important to be represented by Carlsbad divorce attorneys with decades of experience in cases …

Home Assets and Debts Divided in a Carlsbad Divorce

How Are Your Home Assets and Debts Divided in a Carlsbad Divorce?

Pierre Domercq Divorce

How are your home assets and debts divided in a Carlsbad divorce?  The legal term for these issues is “community property.”  Community property is to be divided equally between the parties.  While this may sound easy and straight forward, the reality is completely different in many Oceanside, Encinitas and Carlsbad divorce cases. Community property encompasses any asset or obligation which …

Characterization and Division of Community Property

Characterization and Division of Community Property in a Divorce

Pierre Domercq Community Property Division

Who is going to get the house in your Carlsbad divorce? What about the living room furniture or the vacation home you have out-of-state? The characterization and division of community property in a divorce is one of the primary issues associated with the completion of any divorce. What is community property? Community property in California refers to all assets, financial …