Property Division

Property Division

Our Approach

When we work with clients on dividing up marital property, our first consideration during the triage stage (believe it or not) is the children. Alongside child support, we want to be sure that the division of property will benefit the children financially. We also urge parents to look at the children’s needs extending beyond the standard costs of supporting them. (For example, if the children are struggling to come to grips with the divorce itself, perhaps the parents would be willing to liquidate some assets to help pay for therapy.) Once we’ve evaluated the children’s needs, we encourage couples to negotiate, discuss and compromise so that the rest of the property is divided in a way that each spouse can live with the results.

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Because property division can be so complicated and often adversarial, it’s perhaps the biggest reason why you need an experienced family law attorney to help you. Call our offices for an evaluation today.

Property Division

Community Property State

Perhaps one reason property division is a hot-button issue is that California is one of only a few states that follows community property rules when dividing marital assets. Unlike other states that use equitable distribution rules according to how much spouse brought to the marriage, California considers all marital property as belonging to both spouses equally, no matter who earned it or brought it to the marriage. This makes it easy enough for the judge overseeing the case, but it can create friction between spouses, as much for sentimental attachments as for a general sense of fairness.

Property Division

Negotiation and Mediation

When property division happens in a litigation setting, neither spouse is usually happy with the results. However, if both parties are willing to negotiate and discuss, they can iron out their own property division agreement before the judge decides for them—whether through negotiating through their attorneys or by mediation. Whenever possible, we recommend this approach because although it takes some time and effort, both spouses usually walk away much happier with the results.

Property Division

Not far behind custody disputes, division of marital property is perhaps the most hotly contested issue in many divorces. Despite the fact that the state has set guidelines for dividing property evenly between the spouses, the question of how that equal division occurs often raises issues about who-gets-what. When emotions run high, it can cause undue stress both for the spouses and their children. The Law Offices of Hollie A. Lemkin are dedicated to helping you resolve these issues in a divorce settlement so you can divide your marital assets in a way that is fair to all involved.


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