Property Division

Dividing marital assets can present complex issues in divorce.  Mr. Stinson has a propensity for quantitative analysis developed from an undergraduate degree in Business Management Economics previous experience in corporate finance that allows him to effectively advocate and understand the most complex issues in property division.

The basics of dividing marital property in divorce stems from California’s community property system.  Under California’s community property system, assets and earnings acquired during marriage are community property. Assets and earnings acquire before marriage, or during marriage by gift, bequest, or devise, and after parties separate are separate property, as is the rents and profits from separate property. Upon divorce, the community estate must be divided equally absent an agreement between the parties stating otherwise.

The community estate includes anything acquired during marriage that isn’t separate property. Therefore, it can include assets such as real estate, pensions or retirement investments, and business ownership interests. Valuing and dividing such assets often involves working with other professionals such as Certified Public Accountants.

Above are general issues involved in property division during divorce.  Of course, there are many specific nuances in the law depending on circumstances.  Mr. Stinson has effectively advocated for clients on some of the most complex property division issues presented in family law.  Whether it be evaluating mulitple real estate holdings acquired both before and during marriage, considering stock options that have only partially vested, dividing pensions and retirement investments, or valuing business ownership interests, Mr. Stinson has the experience to advocate his clients’ best position on property division. Schedule a consultation to see how Mr. Stinson can help you in your divorce or if you have questions on property division.