The Law Offices of Michelle Evans provides family law and estate planning services,
helping people in the communities of Westlake Village, Thousand Oaks, Simi Valley,
Moorpark, Camarillo, Oxnard, Ventura, Carpinteria, Santa Barbara, Ojai, Goleta, Santa
Maria, and the Santa Rosa Valley.
Michelle Evans is a California State Bar Certified Attorney with offices in Ventura
County and Santa Barbara County. Family Law issues include: Divorce, Spousal / Child
Support, and Child Custody.
The Law Offices of Michelle Evans Copyright � 2014 All Rights Reserved
Property division can be one of the most heated topics related to divorce. No matter
what the duration of the marriage, it is important that property is divided fairly.
This can become difficult, particularly in cases involving long marriages or when
the history of the assets is complex.
All property acquired during a marriage is presumed to be community property, this
includes the earnings of each spouse during the marriage. The court divides community
property in an equitable, though not necessarily equal way. California law will
take the following into consideration:
Buildings (homes, apartments, vacation or commercial property)
Jewelry and home furnishings
Cars, motorcycles, RV’s, boats and airplanes
Stock options, bonds, and share certificates
Intellectual property proceeds
At the Law Offices of Michelle Evans, we have extensive experience in property division
matters. We will work to achieve a fair and practical solution that enables you to
move forward with your life. Often we incorporate forensic accountants, business
valuation professionals, estate planners, and other financial experts to help you
achieve the strongest financial position possible.
Complex Divorce Issues and Complicated Property Division
California follows a community property division of marital assets, which determines
how family assets were acquired during the marriage will be divided upon divorce.
For example, community property division decides who gets the house or the business,
who can stay in the family home with the children, who gets which car, the life insurance
policy, pension funds, profit sharing plans and stocks, and even who will be responsible
for certain debts, such as IRS tax debts and credit card debt.
The key to a successful division of community property in your favor is the proper
valuation of community property. Almost every asset and debt obtained within the
scope of the marriage will be independently valued and subject to community property
division. Separate property interests, whether kept separate by contract or individually
owned premarital property, will not be considered community property. Valuation
of the family business, property and real estate, valuable personal property such
as antique collections, and other real and tangible property may impact the amount
of spousal support that will be due.
Contact Us - Start with a Discrete, Confidential, and Free Consultation
Dividing property during a divorce can be complicated. In certain cases, one spouse
may have hidden assets. We can assist clients in even the most complex marital property
issues. We invite you to schedule a free confidential consultation with an experienced
attorney by calling us at 805-242-6270 or e-mail our law office.