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Law Offices of Benita Ventresca408-395-8822
20 S. Santa Cruz Ave., Suite 212, Los Gatos, CA 95030
Offering Limited Scope Service
Mediation and Litigation

Division of Property after a Marriage Ends

Posted on in Property Division

California divorce attorney, California family attorneyDissolving a marriage is a complicated process. With emotions on both sides and an entire life to divide, the finality never can seem to come quickly enough. For some couples, the divorce process can take more than a year and thousands of dollars. However, there are methods available to avoid that worst case scenario. An increasing number of Americans are seeking to divorce through more amicable terms, such as collaborative law and mediation. These alternatives make dividing assets a much more pleasant memory, and there is a higher likelihood of getting what you want.

Property to Discuss

A large number of minute details join to create the life that you and your ex-spouse have together. The process of breaking it apart piece by piece is overwhelming and stressful to most who endure it. It is tough to ascertain where to begin. Many find it useful to have a checklist to complete. Assets you should consider:

  • Home,
  • Vehicles,
  • Valuable collectibles,
  • Retirement benefits,
  • Household items,
  • Pension plans,
  • Community debts,
  • Vacation homes, and
  • Healthcare plans.

Methods to Division

In California, if a judge needs to sit down to split the assets for you, they will only consider community property. Community, in this case, refers to all of the assets attained during the marriage. Anything acquired outside of the marriage is deemed to be separate property and is not considered. However, if you divide the assets yourself, you can divide them however you would like to. Three methods for division are:

  • Divorce litigation: Everything must be listed and appraised then brought before a judge. The judge divides everything that is community property in half, regardless of attachment, need, or how it was acquired. One benefit for those who cannot agree is completion occurs without either side having to make the decision.
  • Mediation: Both parties, through the assistance of their separately retained attorneys, decide the allocation of property. If you have something that is high valued or cherished received as separate property, this may be used as leverage to get something you would like in community property. The benefit here is you both maintain power to decide the outcome.

If you are considering a dissolution of marriage and are having a difficult time in dividing up the property, it is beneficial to have an experienced lawyer on your side to assist you through the process. If you would like to discuss your situation and your options with a San Jose, CA divorce attorney, contact Ventresca Law Firm today at 408-395-8822 to take advantage of your complimentary initial consultation.



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20 S. Santa Cruz Ave., Suite 212
Los Gatos, CA 95030

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