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Division of Property & Business

Resolving Issues of Marital Property Division in California Divorce

Dividing Real Property, Marital Assets, Retirement Funds and Debt

The division of marital assets and debts is part of every divorce. Even in marriages in which a prenuptial agreement was in place, there will still be some property that was acquired during the marriage that will need to be divided.

With skillful legal help, it's often possible for couples to reach agreement on how to divide marital property, even for relatively complex estates. However, property division can become the battleground for spouses who cannot agree on anything or who seek to punish their former partner.

Whichever situation you find yourself in, I can help. I'm Oakland divorce attorney Michael A. Gardner and for more than 20 years I've been working with clients to achieve fair property settlements through negotiations or in divorce court.

If a fight is what it takes to get you the assets you deserve, I'm not afraid to take your case to court. When you need a lawyer with a proven ability to get results, contact my office or call 510-291-4884 to schedule a consultation.

Identifying, Categorizing and Valuing Property

In order to achieve a fair and equitable division of marital property, we must first identify all the assets of the couple. Then we must understand what is and is not a marital asset. And finally, we must understand the value of those assets. At each stage in the process there is room for dishonesty or disagreement.

When we review your list of assets, I will explain how California property law defines community property and separate property (property owned before you entered the marriage), and how this will likely affect your divorce.

The larger your estate, the more complex the categorization and valuation of property can become. We may work with a forensic accountant or property or business valuator in order to arrive at a proper valuation of your marital assets and business interests. If you suspect that your former spouse has hidden assets or failed to report income, our financial experts will work to uncover that.

Marital Debt

As well as dividing property, your settlement agreement must divide marital debt. One party may take more of the debt, in exchange for more of the assets. This is often an area for negotiation.

To learn more about dividing marital property and the related issue of spousal support, contact my Oakland law office to schedule a consultation.

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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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