Allocation of Community & Separate Property

One of the main issues in a divorce or legal separation is the division of your real and personal community property.  In California, property is divided according to community property law which means that any property acquired by you or your spouse during marriage will be divided equally between the parties.  Separate property, such as property received by gift, inheritance or was acquired prior to marriage, is not divided.
However, there are many exceptions and circumstances that affect this basic equal division rule including characterization of property, when debts exceed assets, education loans, personal injury awards, and when there are complex issues such as business interests, stock options, and real estate.  Additionally, valuing assets accurately is essential to obtain a fair property division.

At Dockstader & Orliczky, we have the expertise and understanding to handle all property issues, from simple to complex.  We will conduct a detailed analysis of the property issues in each case, weighing the financial advantages and disadvantages of different positions, which will serve as the foundation for the strategic approach we develop to meet the goals of our client and obtain the best possible property settlement.