Property division can be one of the most complex—and consequential—parts of a divorce. Stephen Cawelti has extensive experience navigating complex property division, including cases involving significant assets and complicated financial issues.
California is a community property state, but dividing property isn’t always straightforward. Homes, businesses, investments, retirement accounts, debts, and separate property can all raise complicated questions about what belongs to whom—and what it’s worth.
As a Board-Certified Family Law Specialist with more than 20 years of experience, Stephen has helped hundreds of clients navigate complex property division and challenging financial issues in divorce.
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Not everything you own is necessarily divided in a divorce. One of the first steps is determining which assets and debts are community property and which may be separate property.
Generally, property acquired during the marriage
Property and debts acquired during the marriage and before separation are generally considered community property in California. In most cases, each spouse has an equal interest in community property.
Generally, property that belongs to one spouse
Property owned before marriage or acquired after separation is generally separate property. Gifts and inheritances received by one spouse are also generally considered separate property.
Some assets are harder to identify, value, or divide than others. Complex property division may require looking beyond what an asset is worth today to determine ownership, separate and community interests, and the financial impact of different settlement options.
Homes, rental properties, and other real estate can involve questions of value, equity, separate property contributions, and what happens to the property after divorce.
When one or both spouses own a business, determining its value and the community’s interest can become a significant part of the divorce.
Pensions, 401(k)s, and other retirement benefits may include both community and separate property interests and can require specific steps to divide.
Stocks, investment accounts, and other financial assets may raise questions about ownership, value, and how they should be divided.
Separate and community funds can become mixed during a marriage, making it more difficult to determine each spouse’s property interest.
Property division isn’t only about assets. Determining responsibility for mortgages, loans, credit cards, and other debts is also part of dividing the marital estate.