Protecting Your Financial Interests
As a community property state, California laws require all marital property including assets and debts to be divided equally between spouses. The complexity often develops with the classification of what constitutes community or separate property. Our attorney can explain how these determinations are made and work to help you obtain the best possible property agreement for your circumstances.
More Than 30 Years Of Experience
In Shasta County, our attorney at Tamera C. Trindade, CFLS* Attorney and Counselor at Law has represented clients in property division negotiations since 1988. This experience allows our attorney to assist clients with complex and intricate financial issues, such as tracing the source of an asset or business valuations.
Separate Or Community Property?
The issues surrounding California community property are some of the most complicated and difficult to understand as part of a divorce or legal separation. Before planning to divide your assets, you should seek the legal advice of our experienced family law lawyer, who can provide you with information as to how your marital property would be divided if your case was to go to court or trial.
Separate property may include:
- An inheritance
- Gifts from third parties
- Student debt, even if obtained during the marriage
- Property owned before marriage
Assets and property considered community property typically include income or items acquired during the course of a marriage, such as:
- Family home
- Retirement accounts, including 401(k)s and IRAs
- Pensions and retirement benefits
- Business assets and property
This Can Be A Very Complex Issue
Where one spouse contributed money he or she had before the marriage or funds received from an inheritance or other separate property sources to an asset acquired during the marriage, complicated issues may arise.
Generally, if one spouse contributes separate property to the acquisition of an asset during the marriage, that spouse is entitled to be reimbursed. This can involve issues of proof, conflicting legal presumptions regarding how title to the property is held, tracing, characterization, and division.
You Want This Done Right
It is critical that your property settlement accurately encompasses your marital estate. Courts are very hesitant to permit changes to a property settlement due to mistake or inadvertent errors by a party.
Our attorney works to ensure that this matter is handled correctly and everything is accurate before your property settlement has been finalized. With very complex marital property, such as a family business or a professional practice, it may be necessary to use other financial specialists, like a forensic accountant to ensure accuracy.
You do not want to be in the position of reopening the case and attempting to proving the other party committed actual fraud with their financial disclosure documents, as this can be an expensive and difficult task.
We can help with the challenges of obtaining an equitable and accurate property division for your divorce. Call our Redding office at 530-243-8220 or fill out our online contact form to schedule an appointment.
*Certified Family Law Specialist by the California State Bar Board of Legal Specialization.