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Family Law Solutions For Santa Clara County

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Protecting Your Financial Interests In Community Property Division

As a community property state, California presumes that marital property will be divided equally between the spouses in a divorce. This is by no means as simple as it sounds. Questions as to the value of particular assets, or even whether an asset should be regarded as community property, can make property division a complex and sharply contested exercise. To learn how you can benefit from the advice of a divorce lawyer who is experienced with difficult property division litigation, contact The Law Firm of J. Hector Moreno, Jr. & Associates.

Working Toward A Fair Outcome

Our goal is to help make sure that you receive your fair share of the property accumulated during the marriage. Along the way, we can work with experts and tax planners not only to make accurate assessments of the value of the community property, but also to help ensure that all property issues are addressed. In some cases, we can negotiate the property division issues at the same time as the alimony issues, with the resulting agreement being fair and satisfactory for both parties. In other cases, it will be necessary to present your case in court through thoroughly documented evidence.

What Gets Divided In Divorce?

Examples of the kinds of property or indebtedness that can complicate the division of community property are the following:

  • Family business interests or equity positions in closely held corporations
  • Pension benefits, stock options or certain investments that are not traded on recognized exchanges
  • Interest in a professional license or practice
  • Collectibles, such as antiques, art, classic cars or memorabilia
  • Payments during marriage on one spouse’s premarital debt, such as student loans or tax liabilities
  • Real property including the marital residence, rental properties, and commercial properties

Dividing the marital property can be further complicated by the existence of a prenuptial agreement, or questions as to the completeness and honesty of the other spouse’s financial disclosures at the outset of the case. In some situations, we need to engage forensic accountants and other experts to trace missing assets, identify prohibited transfers of community property, or account for significant differences between known income and reported assets.

Trust Your Divorce Issues To An Experienced Lawyer

With more than 20 years of trial experience, California family law attorney J. Hector Moreno, Jr. knows how to investigate and prove disputed property division issues. This skill can represent a significant advantage for divorce clients who are concerned about the risk of an unfair property settlement. To learn more about our ability to protect your interests in community property, contact us online or by telephone at 408-647-8015.

Reach For A Helping Hand

We provide customized legal attention and experienced litigation attorneys with a commitment to your best interests. We will work to expand your alternatives in light of your goals and any obstacles that stand in their way. A lawyer from The Law Firm of J. Hector Moreno, Jr. & Associates​ is ready to help. Call 408-647-8015 or contact our San Jose office online to arrange a consultation.