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
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
- Boats and yachts
- Retirement funds
- 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.