San Bernardino & Riverside Property Division Lawyer

At the San Bernardino/Riverside Family Law Office of Michael R. Young, APC, we have helped hundreds of clients with the division of their marital assets.  Our skilled staff understands that this topic can be sensitive and often requires aggressive legal representation.  That is why we leave no stone unturned when it comes to protecting our clients’ interests, ensuring that hidden assets are uncovered, and treating our clients with the respect and compassion they deserve. 

When there is very little or no martial property, and no issues pertaining to alimony (spousal support), child custody, or child support, then couples are generally able to obtain a fast dissolution of marriage (divorce).   Many divorces, however, are complex and involve dividing an array of marital assets. Especially when the marriage has been a lengthy one, divorce often involves a considerable amount of marital property, family businesses, children, joint and separate bank accounts, trust funds, investments, insurance, and pensions.  In such instances, the divorcing couples often are unable to amicably divide their assets and debts, and as such, they require the assistance of a knowledgeable family law attorney.

Equitably Dividing Marital Assets
Equitably dividing marital assets is often a complex process and divorcing couples need to be aware of the issues that are involved.  This is when a knowledgeable family law attorney is crucial in order to apprise you of what to expect and guide you through all of the complexities.  Firstly, before marital property is divided, the court will need to sort through what is marital property and what is separate property.  Generally, marital property is seen as any property that was acquired during the marriage. There are a number of factors and statutes that are involved in the equitable distribution of marital assets that the court will consider, including the duration of the marriage, the age of both parties, and the physical and emotional health of both parties.  

Most often, the family home and pensions are the divorcing couple’s primary largest marital assets.  Dividing the marital home can often be complicated, particularly when there are children involved.  In some instances, courts have awarded the marital home entirely to one party, while awarding the other party community assets that are equal in value.  Nonetheless, unless the home has particular or sentimental value for one spouse (i.e., the “family” home passed on from generation to generation) or selling the home would uproot the couple’s minor children, then it is often sold and the equity split equally between the two parties. 

To the dismay of many a divorcing spouse, pensions and employee stock options are often subject to division.  In order for the courts to get an accurate estimate of a pension’s worth, it will need to be valued by an expert.  In some instances, if there are other income sources that are deemed sufficient enough to compensate the non-pension holder, courts may leave vested pension entitlements to the spouse who earned them, but may arrange for a future split distribution between the parties.  Under a federal law that makes the dividing of pensions a little easier, courts may enter a Qualified Domestic Relations Order (QDRO), which requires the pension administrator to make payments to both the worker and the former spouse. 

For more information on property division or other family law matters, please contact the San Bernardino/Riverside Family Law Office of Michael R. Young, APC today.