Property Division

Property Division

California is a community property state. What this means is that the value of the marital estate is divided evenly between divorcing parties. Nonetheless, determining marital versus separate property, assessing the value of property, and discovering all of the family assets can be complex. At Lonich Patton Ehrlich Policastri, we have the experience and resources to help clients understand property division issues and protect their interests in the marital estate.

Decisions about property division need to be made by any couple going through a divorce, legal separation or annulment. Our attorneys have extensive experience in assisting clients with property division matters.
We recognize that not all property is considered part of the marital estate.

Property acquired before the marriage, or during marriage by gift or inheritance, and any income derived from that property is not considered community property. In addition, any property acquired as separate property during the marriage is not part of the marital estate. Property that is typically part of the marital estate includes:

  • The family home
  • Any family businesses
  • Retirement accounts, 401k’s and pension plans
  • IRAs and SEP IRAs
  • Vacation property
  • Investment property

Our ability to effectively represent our clients is predicated on developing a comprehensive understanding of the marital and separate assets owned by each spouse. We routinely engage property evaluators, businesses evaluators, accountants and forensic accountants to provide a fair valuation of the marital estate and discover any hidden assets. In addition, our ability to utilize the insights of our Business Law group allows us to protect our clients’ businesses and business interests during any divorce dispute or litigation.