Property Division

When we work with clients on dividing up marital property, our first consideration during the triage stage 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.

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.

About Lemkin Law

Hollie Lemkin is the daughter, granddaughter, sister and aunt to lawyers. She knows that Family Law is about more than winning. It is about inflicting the least amount of collateral damage on your children and putting you family in the best possible position moving forward. A passionate trial lawyer, she will never back down from a fight.

She is exactly the attorney you want in your corner.

Call today to speak with Hollie A. Lemkin to discuss your questions & issues!

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