Asset Division


Asset Division - Ventura County Attorneys

A fundamental aspect of any divorce is the necessary distribution of property. In California, everything that was earned, purchased or acquired from the date of marriage until the date of separation is considered "community property," belonging to the marital estate.

Contact us at the law offices of Brown Law, APC to schedule a consultation to discuss asset division and your California divorce. We are honest, efficient and cost-effective as we counsel and represent divorcing individuals.

For experienced counsel and representation concerning equitable distribution of assets in a California divorce, call our law firm at 805-666-1013. Brown Law, APC welcomes inquiries from interested individuals in or near Ventura, Oxnard, Camarillo, Ojai or Port Hueneme.

An important starting place in a divorce is to do an inventory of all marital assets including the following:

  • Real estate
  • Vehicles
  • Household goods
  • Retirement accounts
  • Stocks and bonds
  • Income earned by each spouse
  • Most accounts (savings accounts, with the exception of accounts that a spouse brought into a marriage and never commingled with marital estate funds)

Just as most property earned or purchased during the marriage is community property, most debt incurred during the marriage is community debt.

Property and Debt Division: Retirement Accounts

Normally, family courts expect that both property and debts will be split 50-50. The portions of retirement accounts that were acquired during the marriage are likewise usually split 50-50. A determination of the exact amounts involved is contained in a QDRO (qualified domestic retirement order). According to the stipulations of a QDRO, a separate account is usually generated for the non-employee divorcing spouse with half of the marital retirement funds that are split.

Stocks and Bonds

Couples are free to negotiate their own agreements regarding asset division. This many mean, for example, that rather than split up stocks or retirement accounts, one spouse will keep the marital home and the other with retain the undivided stock portfolio or retirement pension.

Settlement Negotiations | Mediation

In fact, our lawyers strongly encourage our clients to resolve property division through informal negotiations or mediation. Advice from tax accountants and other professionals often helps couples reach agreements that both consider fair and reasonable.

Contact an attorney at Brown Law, APC to discuss your particular concerns including business ownership, vacation homes and other assets that are best left undivided.