Addressing Property Division
California is a community property state. This means that there is a presumption that all property acquired during the marriage belongs to both spouses and will be divided equally. This goes for debts acquired during the marriage, as well, an exception would be in a negative estate.
My name is attorney Chandra E. Miller. I understand the emotions involved in divorce, particularly when it comes to the issue of property division. My goal is to empower you by providing you information about your options for the division of marital assets. I will take care to make certain that the costs and benefits of each option are understood. I frequently encourage negotiation, collaborative practice or mediation over litigation, simply because the cost of litigation may defer any financial benefits that arise. However, I am experienced in litigation and am ready to go to court. In some cases, it simply cannot be avoided.
Property Division and the Family Home
One of the most emotionally charged issues in divorce is the division of the family home. This issue is even more challenging now, due to the current housing market. Instead of deciding who keeps the family home and who buys the other out of the equity, you may have to work with your spouse on a short sale of the home or a foreclosure.
Do Not Overlook the Retirement Accounts
Retirement accounts, even though they may not take effect until years from now, must be subject to property division at the time of the divorce. You do not want to have to go back years down the line to try to figure out who gets what. I can assist with the creation of the qualified domestic relations orders (QDRO) required to divide retirement accounts. Retirement assets include 401k accounts, individual retirement accounts (IRA), stock options and pensions.
Discuss Your Divorce With an Experienced Lawyer in Auburn
Contact me to learn more about how I can help you.
