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At some point in divorce cases, property needs to be divided. Or, more accurately, property rights need to be put in writing and approved by the court.
Property division can be incredibly complex. Our firm specializes in property division in California and is prepared to help you defend your interests and rights.
Property Division Factors
While it is easy to understand the conventional definition of “half”, many factors come into play in community property division in divorce. For example, a person’s separate property asset may be subject to a community property interest. That doesn’t mean they get part of your asset, but you need to know what their claims mean. Being armed with the most up-to-date legal authority will help you know which battles are worth fighting and which ones are a waste of time and money. And, sometimes, that understanding and the leverage that goes along with it makes all the difference.
Property division also often involves “horse trading” to get to the best result. The court system can’t always do that, so creative thinking “outside the box” can be the best solution. At the Law Offices of Stephen L. Cawelti, we want to know what’s most important to our clients. When “win-win” is possible, that’s great. When it isn’t, then we come up with a creative plan to get to the next best thing. We even want to know what’s most important to the other side. Frequently, what’s critical to one side is not all that important to the other. Likewise, letting the other side “win” on an issue that you don’t care about can often be the key to success to get the thing that you really need. The interpersonal dynamics behind disputes is frequently overlooked when it comes to strategy. Our firm’s background in psychology and behavior give our clients a unique edge.
In addition to standard property division issues, our firm has substantial experience in the division of marital estates involving complex assets. We work closely with our clients to identify and secure separate property and resolve any associated disputes. Once all community assets have been identified, we work to ensure that a fair value has been assigned to each one.