Dividing property in a divorce can involve much more than determining who keeps particular assets. The first questions are often whether property is community or separate, what it is worth, and whether either spouse has a right to reimbursement or another adjustment before the property is divided.

I represent clients in Berkeley and throughout the Bay Area in divorce matters involving the characterization, valuation and division of assets and debts.

Community and Separate Property in California

California is a community property state. In general, property acquired during marriage is community property, while property owned before marriage or acquired by gift or inheritance may be separate property.

The distinction is not always straightforward. Separate and community funds may have been combined, property may have changed in value during the marriage, or community funds may have been used to pay expenses associated with separate property.

Resolving these issues may require reviewing financial records and tracing the source and use of funds.

Property and Debt Division

Property issues in a divorce may involve:

• Homes and other real estate
• Bank and investment accounts
• Retirement plans and pensions
• Businesses and professional practices
• Vehicles and personal property
• Stock and other investments
• Credit cards, loans and other debts
• Separate property claims
• Reimbursement claims
• Property acquired or transferred after separation

The appropriate approach depends on the nature and value of the assets involved and whether the parties agree about their characterization and division.

The Family Home

The family home is often both a significant financial asset and an important personal issue in a divorce.

Questions may include whether the home should be sold, whether one spouse can buy out the other's interest, how the property should be valued, and how mortgage payments and other housing expenses paid after separation should be treated.

When one spouse remains in the home after separation or one spouse pays expenses associated with community property, additional reimbursement or accounting issues may arise.

Retirement, Business and Other Complex Assets

Some assets require additional analysis before they can be divided. Retirement benefits may have both community and separate property components. A business may require valuation and analysis of its income, assets and liabilities. Separate property claims may require tracing funds through years of financial records.

When appropriate, accountants, appraisers or other experts may be necessary to determine the value or characterization of an asset.

I work with clients to determine when that additional analysis is justified and when an issue can be resolved without unnecessary expense.

A Practical Approach to Property Division

Property disputes can become disproportionately expensive when the cost of litigating an issue approaches the amount actually in dispute.

My approach is to identify the assets and debts that materially affect the outcome, obtain the information necessary to evaluate them, and distinguish significant disputes from issues that can reasonably be resolved by agreement.

When a fair resolution is possible, I work toward one. When significant property rights cannot be resolved through negotiation, I am prepared to litigate them.

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