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Property Division

San Francisco Property Division Lawyers

Experienced Guidance in Property Division Cases in California

When it comes to the challenging terrain of property division, our team at Nachlis | Cohade | Lopez-Whitaker, LLP, is your trusted partner. As experienced San Francisco property division lawyers, we know that the division of property can be one of the most contentious aspects of a divorce or separation. Our firm is dedicated to providing you with the knowledge and guidance to navigate this complex process successfully.

Call Nachlis | Cohade | Lopez-Whitaker, LLP today at (415) 855-9344 or contact us online to schedule a meeting with our property division attorney in San Francisco!

What is Property Division?

Property division, often called equitable distribution, is the legal process through which a couple's assets and debts are divided during a divorce or legal separation. In California, this process aims to ensure that the division is fair and just, considering various factors to achieve an equitable result.

Property Division Process in California

In California, property division follows a specific legal process guided by state laws. Here's an overview of the steps involved:

  • Identifying Community and Separate Property: The first step in the property division process is identifying which assets and debts are community property and separate property. Community property includes assets acquired during the marriage, while separate property consists of assets owned before marriage or acquired through gifts or inheritance.
  • Valuing Assets and Debts: Accurately valuing all marital assets and debts is essential. This includes real estate, bank accounts, investments, personal property, retirement accounts, and outstanding debts.
  • Determining Division Factors: California law requires the court to consider several factors when dividing property, such as the length of the marriage, each spouse's contribution to the marriage, the economic circumstances of each party, and any agreements between the spouses.
  • Negotiation and Mediation: Couples can often agree on property division through negotiation or mediation, avoiding needing a court trial. Our skilled San Francisco property division lawyers can assist you in these negotiations to protect your interests.
  • Court Proceedings: The case may proceed to court if an agreement cannot be reached. In such cases, a judge will decide how the property should be divided based on California's community property laws and the evidence presented.

How is Property Divided in California?

In California, the principle of community property governs property division. All assets and debts acquired during the marriage are generally considered community property and are subject to equal division unless there is a valid reason for unequal distribution. Here are some key points to consider:

  • Equal Division: The default rule is that community property should be divided equally between the spouses. This is often referred to as a 50-50 split.
  • Separate Property: Separate property remains with the spouse who owns it. However, it's important to note that separate property can become commingled with community property, making it subject to division.
  • Complex Assets: Property division can become more complex when dealing with high-value assets, businesses, or unique items. Our experienced San Francisco property division lawyers have the expertise to handle such complex cases effectively.
  • Spousal Support: Property division sometimes impacts calculations of spousal support (alimony). A fair and just property division can influence the financial support one spouse may owe the other.
  • Tax Implications: Property division can have tax consequences, so it's crucial to consider the potential tax implications when dividing assets. Our team can guide minimizing tax liabilities during this process.

High-Asset Property Division in California

In high-asset cases where disputes can arise, you may have complex issues, such as:

  • Hidden assets
  • Pensions and retirement accounts
  • Family-owned businesses or business interests requiring valuation
  • Professional practices requiring valuation
  • Overseas assets requiring appraisal or valuation
  • Deferred compensation
  • Stock portfolios and stock options
  • Expensive art requiring appraisal/valuation
  • Estate planning issues, such as property or assets owned through trusts
  • Tax considerations
  • Commercial or multi-family real estate

These issues will require diligent handling, often with the help of other professionals, to bring about a fair and just outcome, either through negotiation or at trial. Whether you need assistance with a relatively simple or extremely complicated property and debt division, our team protects your financial rights while using all available legal methods to help you find an optimum result.

Protect Your Financial Interests with Experienced Property Division Lawyers

When going through a divorce or separation, the division of marital property can be a complex and contentious process. At Nachlis | Cohade | Lopez-Whitaker, LLP, our team of experienced property division lawyers is dedicated to protecting your financial interests and ensuring a fair distribution of assets.

Why choose our San Francisco property division lawyers?

  • Extensive knowledge of California property division laws
  • Experience handling high-asset property division cases
  • Thorough understanding of complex financial matters
  • Strategic negotiation skills to achieve favorable outcomes
  • Guidance and support throughout the entire property division process

Our marital property attorneys are well-versed in the intricacies of California property division laws and will work diligently to protect your rights and assets. Whether you are dealing with a high-asset property division or have concerns about the division of marital property, our team has the expertise to navigate even the most complex cases.

Contact us today to schedule a consultation with one of our experienced property division lawyers. We are here to provide you with the guidance and representation you need during this challenging time.

Contact Our San Francisco Property Division Attorneys Today 

Navigating the property division process in California can be challenging, but with the proper legal representation, you can protect your interests and achieve a fair outcome. At Nachlis | Cohade | Lopez-Whitaker, LLP, our San Francisco property division lawyers are dedicated to guiding you through this complex process with expertise and compassion. We understand the intricacies of California's property division laws and will tirelessly work to ensure your financial future is secure.

Contact Nachlis | Cohade | Lopez-Whitaker, LLP, today to schedule a consultation with our property division lawyer in San Francisco!

Commonly Asked Questions

What is community property in California?

Community property is any property and assets acquired by you and your spouse during your marriage and is split equally in a divorce.

What is separate property in California?

Separate property is any property titled only to you that was acquired prior to your marriage or given to you during your marriage as an inheritance or gift.

What is quasi-community property in California?

Quasi-community property is property owned or acquired prior to locating to California and is generally regarded as community property.

What are some complex issues that can arise in high-asset property division cases?

Some complex issues include hidden assets, pensions and retirement accounts, family-owned businesses or business interests requiring valuation, professional practices requiring valuation, overseas assets requiring appraisal or valuation, deferred compensation, stock portfolios and stock options, expensive art requiring appraisal/valuation, estate planning issues, such as property or assets owned through trusts, tax considerations, commercial or multi-family real estate.

Can I negotiate a settlement for property division with my spouse outside of court?

Yes, you and your spouse can negotiate a settlement outside of court and have it drafted into a written settlement that can be submitted to the court for approval.