San Diego Division of Property Attorney
California is a community property state and courts attempt to approach the matter of division of property on a fair basis. In California, as part of the divorce settlement, the marital property is supposed to be "equitably" divided. But, what does "equitably" really mean? Determining equitability is left up to the courts in most divorce cases, but there are some specific guidelines that San Diego judges utilize in handling division of property matters.
Most of the property that was acquired during the marriage by either spouse is considered to be community or marital property. This includes any real estate, furniture, other household goods, life insurance policies, stocks, bonds, retirement plans, vehicles, boats, and business interests. During the Dissolution of Marriage proceeding, all of these assets are divided equitably, not necessarily equally or split in half. For instance, if one party is awarded the home and it has $200,000 in equity, then the other spouse may be awarded another asset worth $100,000 to compensate him or her for one half interest in the home. Marital debts also are considered to be part of the community estate that is subject to the division of property guidelines. These debts are divided equally between the two parties as well. Property that belonged solely to one spouse prior to the marriage, or a gift or an inheritance is considered to be separate or non-marital property. Any separate property owned remains with the party who originally owned it.
Knowing What Your Marital Assets Are
When it comes to divorce cases, many spouses will attempt to hide their assets from the other party. It is important that divorcing spouses do everything they can to insure that they are aware of the other party's assets as soon as possible. The fact of the matter is that assets cannot be divided fairly if you do not know what they are. If you are going through a divorce, you need to start making a list of everything both you and your spouse own. You need to check bank balances and look for accounts that your spouse may have set up in your child's name in attempts to hide money from you. If you or your spouse owns a business, you may want to check and see if there is a non-existent employee being paid. Also, if your spouse typically receives a bonus and he or she claims that it didn't come this time, you may want to look more closely. Lastly, you need to look for any investments that your spouse may have made recently in municipal bonds or other business ventures.
Expert San Diego Division of Property Attorney
While some divorce cases will move through the division of property issues with ease, there are many that do not. The fact is that you can no longer trust your spouse when dealing with divorce. You need to have on your side an expert San Diego division of property attorney who has proficient investigative skills to uncover any hidden assets. San Diego division of property attorney Sharman L. Brooks is that expert.
For almost ten years, San Diego division of property attorney Sharman L. Brooks has been helping spouses uncover hidden assets and move quickly through their divorce proceedings. As a leading San Diego division of property lawyer, Sharman L. Brooks has the knowledge and the skills you need to aggressively represent your interests and insure that you receive your fair share of all of your marital assets. For more information on how the San Diego division of property lawyer office of Sharman L. Brooks can help you, contact us today and schedule a free initial consultation!
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