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Property Division Archives

Property division and the prenuptial agreement

A prenuptial agreement may not be the most romantic part of planning for a wedding; however, many California couples discover that it is an essential part of the planning process. As the couple is planning to say "I do," they are not anticipating the end of their relationship. Yet, research shows that approximately half of all marriages end in divorce; this number is even higher for second and third marriages. By discussing financial and property division matters and expectations prior to the wedding, the couple can lay a foundation for communication and planning for future needs.

Divorce can have financial and tax implications for the individua

School will be starting soon, and then the holidays will be here. Would it be better to file for divorce now or wait until the New Year? These are common thoughts that often run through one's head while making the decision to divorce. In addition to these considerations, many California residents also find it advisable to consider the tax implications associated with the various decisions that need to be made.

Property division discussion part of planning beyond the wedding

A wedding is an exciting event. The bride and groom spend countless hours planning and preparing for this glorious event. Yet, all too often, they spend more time planning for the wedding than they do planning for the marriage. In today's society, many California engaged couples bring with them significant assets, children from a previous relationship and even a possible interest in an ongoing business. In light of these aspects, the couple will also want to spend time discussing how decisions will be made throughout the marriage, their philosophy regarding spending and budgeting as well as how property division will be addressed in case of death or divorce.

Hidden assets - the truth will come out

Advances in technology are wonderful. While they can be enormously beneficial to individuals and society, they can also be abused and used for illegal and immoral purposes. California residents who are going through divorce may be aware of a particular technology that is sometimes employed in the creation of hidden assets.

Property division: does a short sale mean the short straw?

Mortgages and realty ownership can be complicated at the best of times. When a California couple divorce, the marital home may be dealt with in a number of ways. If there is no definite severing of rights and responsibilities on mortgage agreements and realty deeds, then problems may arise again in respect of property division, sometimes years following finalization of the divorce.

Property division: the $1 million question

Money, or the love of it, may or may not be the root of all evil: however, there is no doubt that it can cause many an argument. When California residents divorce, an individual retirement account may be part of the property division. What may start off as an amicable agreement could potentially end up as a bone of contention further down the line. A woman from an unknown state was divorced from her husband about a year ago, and she is now questioning whether she should have handled things differently regarding the division of a shared individual retirement account with her ex-husband.

How fair is 'fair' when it comes to property division?

Marriage may be intended to be an equal partnership, but the division of labor is not often entirely fair. There can be a significant difference between a spouse who is a genuine homemaker and one who simply leeches from the other. For some California residents, making the decision to divorce a spouse who contributes nothing to the marriage may be accompanied by a desire to ensure that the other party does not benefit equally in the property division as a result.

Property division: let your head rule your heart

Many people have fond memories of their childhood home. For California couples who are facing divorce, the family home is often sold as part of the property division, and this is usually the least complicated option. Any children affected by the marriage breakdown may find it difficult initially to adjust to new living arrangements; however, there may be a variety of reasons why one spouse might choose to remain in the marital home.

Hidden assets and the electronic age

It is natural to want to see fairness and justice prevail. When couples divorce, it can be common for emotions to spiral out of control, skewing one's view of what fairness looks like. The community property assessment may become a battleground where California residents can find that spouses are devious – or desperate – enough to create hidden assets.

Property division need not be a messy business

They say that one should not mix business and pleasure, yet couples will often set up a business together. This can work extremely well until divorce strikes, at which point things have the potential to deteriorate very quickly. What options might California residents consider with this aspect of property division?

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