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Archive for the ‘Property: Value & Division’ Category

Who Gets the Family Home in Your California Divorce?

Friday, May 14th, 2010

In most California divorces, the family home is one of the biggest assets at stake in the divorce.  No matter what you do, remember that how your property is divided can affect you long after the divorce is final. 

What happens if one spouse keeps the house?

Option 1: The Buyout

If one of you does keep the home, then you’ll have to buy the other spouse out.  To buy out your spouse’s share, you might even things out by making trade-offs.  Often, the spouse keeping the house will give up a share in other community property with equal value.  As with your other assets, getting an accurate appraisal of the property’s value is critical. (more…)

Posted in Divorce, Marriage, Property: Value & Division

Family and Financial Protection During Your San Diego Divorce, Part Two: What Other Court Orders Will You Need?

Friday, March 12th, 2010

Divorces in San Diego and throughout California can’t become final until at least six months after a spouse is served with divorce papers.  Usually, a divorce will take longer than this minimum waiting period.  Many steps need to be taken during the transition to protect your family, business, and finances. 

For divorcing spouses who have kids, a Divorcesupport.com blog provides advice on how to best meet your children’s emotional needs during a divorce.  It cautions that you shouldn’t be the only one providing your kids with emotional support.  When family and friends aren’t enough, then look for counseling options.  You’re also encouraged to get emotional support for yourself, such as through a local support group, family, and friends. (more…)

Posted in Alimony / Spousal Support, Asset Protection, Child Support, Custody & Visitation, Divorce, Property: Value & Division, Restraining Orders

Online Divorce: How Would You Decide Who Gets What in Your San Diego Divorce?

Wednesday, November 18th, 2009

Divorce at the click of a mouse – it may be coming soon to Brazil, according to an AP article published in the San Diego Union Tribune.  Brazil’s Senate recently approved legislation allowing online divorces under certain circumstances, and the bill awaits a vote from the House of Representatives.  If the bill becomes law, not everyone would be eligible for quick internet divorces, since it’s meant for those with less complicated and consensual divorces.  The idea has not come to California yet, but if it did, how well would it work?

As part of Brazil’s online divorce, you’d be able to divide assets.  While this seems like it should be simple enough, many of the most difficult issues in a divorce come up when figuring out who gets what.  For example, under California law, do you know what happens if one spouse started a business before getting married (making it separate property), and continued working in the business during the marriage?  (more…)

Posted in Alimony / Spousal Support, Asset Protection, Child Support, Collaborative Law & Mediation, Community Property, Current Events, Custody & Visitation, Divorce, Property: Value & Division

The Looming Threat of Contempt: How Far Can the Court Go in Enforcing Your San Diego Family Law Order?

Wednesday, November 18th, 2009

If a California family court order is disobeyed, there are many different ways to compel compliance, but can a person be jailed if, for example, child support isn’t paid?  Through the court’s “contempt power,” many family court orders that have been violated can potentially be punished with jail time.  On the other hand, the U.S. and California constitutions protect people from being put in jail just for having unpaid debts.  In the case of spousal support (alimony) or child support, even though money is owed, the payments are not seen as “debts” because they arise from legal obligations created when you have children or get married, which is why jail can be imposed for willfully violating the court order.  (more…)

Posted in Alimony / Spousal Support, Child Support, Divorce, Property: Value & Division

A House Divided, Literally: What Not to Do When Dividing Your California Property at Divorce

Friday, August 7th, 2009

Abraham Lincoln once said, “A house divided against itself cannot stand,” but in lands far away from California, two men in Germany and Cambodia have proven otherwise. In 2007, a German man divorcing his wife took a chainsaw to his wooden house, splitting it in two and then transported his newly redesigned home to his brother’s property. The following year, it happened again. This time the setting was Cambodia, where a man similarly decided that the court system’s idea of property division just wasn’t for him. Instead, he sawed his home in half before moving it to his parents’ property. (more…)

Posted in Community Property, Divorce, Property: Value & Division

Protect Yourself by Playing Fair: Why You Shouldn’t Hide Assets in a California Divorce

Friday, May 15th, 2009

If you’re thinking about how to handle your California divorce and protect your assets, you may want to take into account the divorce of millionaire H. Beatty Chadwick. He’s never been charged with a crime, but since 1995 he’s been jailed for civil contempt after $2.5 million didn’t turn up during his divorce proceedings. When will he get out? Possibly not until he produces the money. While his wife believes he hid the money in offshore bank accounts, Chadwick maintains he lost the money in a failed overseas investment.  It’s important to protect your financial interests, but hiding assets or hiding money behind fraudulent business transactions is never the answer. (more…)

Posted in Alimony / Spousal Support, Current Events, Divorce, Property: Value & Division


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