Property Division

Menlo Park Property Division Lawyers

Flicker, Kerin, Kruger & Bissada LLP helps clients protect their interests and assets when property is divided or distributed during the divorce process. Aside from child custody and spousal support, property division is a common source of disagreement among divorcing couples, which can lead to lengthy litigation. Before going their separate ways, many individuals wish to retain as much property as possible. Needless to say, the property division process can be stressful and emotionally charged for all parties involved.

What Is the Difference Between Community & Separate Property?

Separate property refers to property acquired before marriage, or during marriage by gift or inheritance. Separate property, as its name would suggest, is generally confirmed to the party who owns the separate property, provided he or she can prove or trace the separate property interest as may be required. Many individuals choose to address property division in a proactive manner by including it in a post-marital or premarital agreement.

In certain circumstances, reimbursement claims can also exist for community property funds or efforts contributed to separate property during marriage, or for separate property funds contributed to community property during marriage. Community property refers to property acquired during the marriage. Property acquired during marriage is presumed to be community property.

Examples of marital property that may be divided during the divorce process include:

  • Family residence
  • Bank and brokerage accounts
  • Commercial & residential real estate, & other investment properties
  • Vacation homes
  • Vehicles
  • Furniture
  • Jewelry
  • Boats and yachts
  • Retirement funds
  • Stocks
  • Art work

Careful investigation and negotiation may lead to an effective and timely resolution in property division matters. When the issue cannot be settled privately by both parties, a judge will decide how to divide the couple's community property assets and debts, and what property is confirmed as a party’s separate property. Having the assistance of a knowledgeable family law attorney can help make property division less daunting and stressful, especially when valuable assets are concerned.

Our family law attorneys at Flicker, Kerin, Kruger & Bissada LLP have expertise handling even the most challenging kinds of property division issues, always addressing such matters with equal parts dedication and passion. We assist clients at the Peninsula and East Bay offices.

Awards

Over the years, Flicker, Kerin, Kruger & Bissada LLP has cultivated a reputation for excellence in the legal field. With a focus on complex and high-asset cases, we provide innovative legal strategies for our clients - always placing their best interests at the forefront of each legal matter. In addition to the gratitude of our clients and the respect of our legal peers, our firm has garnered the attention of many prestigious legal organizations.