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Community Property

Community Property Attorney in Alameda and Contra Costa County

At my practice, Gardner & Lewis LLP, I have over 20 years experience dealing with all aspects of community property division.

Much of my work involves resolution of complex community property issues and the representation of clients with large martial estates. These are not cases amenable to a cookie cutter approach — each case must be carefully evaluated to ensure that the client's rights and interests are fully protected.

Your future depends in many ways on the size and shape of the property settlement you receive. I will work energetically to protect your rights and your assets to the fullest degree possible.

Contact me online or call 510-291-4884 to arrange for a consultation.

What is Community Property?

Simply stated community property is all property, real or personal wherever situated, acquired by a person during marriage, except as provided by statute. But it is those exceptions that can make division of community property so difficult and contentious.

The property division process is different in every case. But whatever the particulars of a situation, three major steps must be completed:

Identification of Marital Assets — Separate property can be transmuted into community property and community property into separate property during a marriage — this often inadvertent. Knowledge of case law regarding transmutation of assets is vital in complex cases.

Valuation and Characterization of Separate and Community Property — I work with forensic CPAs, financial analysts, appraisers, business valuation specialists and other professionals who can provide guidance in these matters. They also support the negotiation or litigation process.

Division of Property — I am known for my creative approach to developing property division solutions that benefit my clients, yet that are still practical. I am also mindful of the potential effects of taxation, particularly involving the sale or transfer of real estate during the property division process.

Resolution of Complex Community Property Issues

I believe in achieving property settlements through negotiation whenever possible. This is especially desirable in cases involving complex property issues, where a dispute can needlessly delay the ultimate settlement.

I am a skilled negotiator who has earned the respect of others in the legal community. My peers have given me an AV-rating* under Martindale Hubbell's peer review rating system, for both legal ability and ethical standards.

When necessary, I am a tenacious litigator and will fight to protect your rights.

To learn more about property division as it affects your case, call 510-291-4884 or send an e-mail.

* CV, BV, and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories - legal ability and general ethical standards.

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I first met Mr. Gardner when I desperately needed help with an out-of-control divorce and custody situation. He was very attentive, thoroughly responsive, and absolutely compassionate as he helped me regain mental focus and legal control. Few attorneys practice their craft with the level of transparency and trust Mr. Gardner's clients enjoy as a matter of routine. As a senior management professional in a large Bay Area organization, I truly appreciate Mr. Gardner's no-nonsense, trustworthy, experienced approach solving legal problems.

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