Navigate Community Property Division Effectively
Financial concerns are a major factor for people filing for simple and high-asset divorces. Property division can also become a focal point for intense emotions and feelings. If not kept in “check”, these factors can have the potential to make property division a gut-wrenching and stressful experience.
My role as your individual attorney or third-party adviser is to help guide you successfully through the process, whether you choose to mediate, negotiate or litigate your property settlement. I have nearly 40 years of family law experience, most of which involved helping couples work toward an optimal but peaceful solution.
Call the Law Office of Edward S. Matisoff in Westlake Village at 805-666-0980 for a free initial consultation.
Community Property Is Subject To Equal Division
California is a community property state. This means that any property or debts acquired during the marriage are subject to equal division. There are a few limited exceptions that are considered separate property, including inheritance and gifts.
As your legal guide, I will:
- Educate you about the process: Uncertainty can be overwhelming and frightening. I take the time to answer all of your questions and provide detailed explanation about the process so you know what to expect.
- Act as the voice of reason: When things become emotionally charged, you need someone who will be calm, direct and keep things on track.
- Advise you about creative options for property division: The cumulative value of assets and liabilities each spouse will walk away with should be equal. But that doesn’t mean you must equally divide each asset and debt. I help you consider alternative methods of property division that balance your property needs with your ability to assume community indebtedness.
- Address third-party contract and related issues: A divorce settlement is an agreement that is enforceable in court. It does not automatically alter the terms of third-party agreements. A property settlement may obligate your spouse to pay the mortgage, but it will not remove your liability in the eyes of the lender. Refinancing may be an option in this situation.
- Consider the impact of federal laws: Although divorce is a process that is governed by state law, you may be required to comply with federal laws. For example, you must follow specific rules to properly divide retirement accounts governed by the Employee Retirement Income Security Act (ERISA).
Experienced Representation Centered Around Your Needs
I am an experienced lawyer who is committed to helping you resolve your divorce in the best way possible, including accommodating your needs. You can speak with me directly in a free consultation, and I am available evenings and weekends. Call my office at 805-666-0980 or send me an email.