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Property Division Archives

Man arguing that preserved embryo is not property

While prenuptial (and even postnuptial) agreements may not seem incredibly romantic or even supportive a marriage's long-term success, more and more people in Stockton may be seeing the logic behind them. Essentially, they can avoid the potential of disputes arising should couple's divorce given that the treatment of their property is clearly spelt out. However, those that do sign them should think long and hard about what they are doing, because once pen has been put to paper to validate such an agreement, challenging its terms can be extremely difficult. 

How should debt be split in a divorce?

If you are one of the many people in California who is facing or even in the midst of a divorce, you know firsthand that the process entails a lot more than just one person moving out. It is also about more than just who gets what set of towels or other personal items. In addition to all of your joint assets, you and your spouse will need to figure out how to split your debts. 

How can divorce impact my business?

When you divorce in California, it impacts every area of your life. You have to deal with child custody and muddle through your assets. Splitting up your life can be very difficult. Things become even trickier if you own a business. The effect of the divorce on your business really depends on a few factors, but in many cases, you will end up having to split your business with your ex-spouse.

What are some guidelines for dividing property?

Your divorce in California can be made easier by working with your spouse to create your divorce agreement. One area that often is contentious is the division of property. However, when you work together on this, you can avoid having the court step in and make decisions that you may not agree with. This process may not always be easy, but there are guidelines to keep in mind to help it go as smoothly as possible.

Dividing real estate in the divorce

If you and your spouse have acquired a significant amount of real estate during your marriage, your divorce may be a high-asset one and subject to stricter property division guidelines. At Dianne Drew Butler & Associates, Inc., we represent clients in high-asset divorce cases throughout the Central Valley in California. We possess a thorough understanding of California's community property laws, which we use to help clients obtain the fairest possible settlement in their high net worth divorces.

What makes a premarital agreement unenforceable

A prenuptial agreement can serve as a great tool for mitigating common divorce issues, such as the division of property and alimony. Unfortunately, in our experience, there are flaws in the vast majority of California premarital agreements. Such flaws often render those agreements invalid. Our legal team at Dianne Drew Butler & Associates, Inc., often reviews prenuptial agreements with clients to ensure the documents are valid.

Seeking a just division of property

When you and your spouse choose to dissolve your marriage, a California judge will attempt to divide your shared property as equitably as possible. A 50-50 split between the two of you may seem like the most fair arrangement, but what is fair is not necessarily just. At Dianne Drew Butler & Associates, we have seen cases in which one spouse attempted to deceive the other by hiding assets by retitling or misappropriation. If you are the victimized spouse in a case such as this, the court may decide to award you a larger share of community assets. 

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Dianne Drew Butler & Associates, Inc.
3031 West March Lane
Suite 224
Stockton, CA 95219

Phone: 209-390-8829
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