Division of Property and Debt
Upland Divorce Lawyers are some of the most highly regarded experts in resolving tough community property and separate property disputes in family law cases. We have earned the reputation of being tough, fair minded advocates for our divorce and family law clients. We offer our family law clients resources that most law firms cannot match. We know how to trace and investigate property. Our Upland divorce lawyers are experts at finding property that your ex has hidden. If your spouse has forged documents such as deeds or other documents that has deprived you of ownership or created a liability for you, our Upland divorce lawyers will fight to set things right.
For more information on the division of property and debts in a divorce, call our Upland divorce lawyers at 1-855-LOMG-911 for a FREE consultation or use the contact form on this page.
“Calling our Upland divorce lawyers is free and we promise that even if you do not hire us, you will benefit from speaking to one of our family law specialists.”
Division of property and debts in California is based on the rules of community property. In its simplest terms, community property is all assets and debts acquired or incurred during a marriage. Both parties have equal claim to community property. Both parties are equally responsible for the community debt as well. However, practical application of the community property laws is much more complex. This is why you should always consult with our Upland divorce lawyers if your family law case involves significant amounts of property or debts.
An example of how complicated community property laws In California, is in the case of an inheritance. Generally, each spouse has the right to one-half of the any asset that is acquired during a marriage but, this does not apply to a specific inheritance. So, if you spouse inherits a million dollars then you would typically have no claim to it. Now, having that million dollars may affect the amount of child or spousal support that you pay or receive but it doesn’t automatically become community property.
The Upland divorce lawyers from from the Law Offices of Marc Grossman can answer all of your questions regarding community property and debts. Just give us a call at 1-855-LOMG-911 and ask to speak with a divorce attorney. Even if you do not retain us, you will benefit from a free consultation with one of our family law specialists. There is never charge for this free consultation.
Determining if an asset is community or separate property depends on many factors and it can be difficult for you to determine how it should be divided without the assistance of our Upland divorce lawyers. This is especially true in cases involving real estate when one spouse contributed separate property toward the purchase or maintenance of the property. In such cases an evaluation under Family Code § 2640 may be required to determine the extent of the separate property contribution made and if the contributing spouse is entitled to reimbursement or credit for the contribution.
When you consult with our Upland divorce lawyers they will discuss the tax consequences that must be considered in a divorce. It may surprise you when you learn of all of the possible tax consequences but knowing them may help you to make better decisions about how your assets should be divided. This is especially true when it comes to dividing things like 401(k)’s, pensions and other benefits. A divorce attorney in Upland knows how to minimize the tax consequences for their clients.
Dividing The Family Home
One of the most emotional and often most contentious parts of a divorce is dividing the family home. The process is not only heartbreaking for the parties but it is also complicated. Many factors go into determining the division of the family home. This includes for example: how much each party contributed to the purchase and maintenance of the home, the home value and any equity and the saleability of the home among many others. The reality is that a divorce often results in the sale of the family home if it has a significant amount of equity built up. If there is little or no equity then one party may be able to retain the home if they are able to keep up on the mortgage payments. However, most homes are financed under the names of both spouses. If that is the case, the spouse retaining the home would likely need to refinance the property under their name alone. Our Upland divorce lawyers can often assist our clients retain their home. If your desire is to sell, they can ensure that you receive your fair share of the proceeds.
If you have additional questions about dividing the family home during a divorce, our Upland divorce lawyers are happy to answer your questions. Call us for a free consultation at 1-855-LOMG-911 or use the contact form on this page. We want to be a resource for you. So call us today. There is never a charge for an initial consultation or other obligation. Our Upland divorce lawyers will take the time to answer all of your questions, even if you do not hire us.
Dividing a Business in a Divorce
Often one spouse owns and operates a business during a marriage. Owning a business presents many problems in a divorce. If the business was started during the marriage and used community funds as startup capital then both spouses have equal claim to the business. If the spouse who owns the business owned it before marriage then it becomes a much more complex issue. In either event, the business should be appraised by a professional business appraiser to determine its value. Often other experts such as forensic accountants and real estate experts need to be retained to fully assess the value of the business and insure that all assets of the business have been discovered. Whether you are the spouse that owns the business or not, you want to make sure that you hire the best divorce attorney in Upland to handle your case. Hiring an inexperienced lawyer may cost thousands if not hundreds of thousands of dollars if they don’t have the skill and knowledge that it takes to protect your interests.
Our Upland divorce lawyers are some of the most experienced divorce attorneys in Southern California. Our Upland divorce lawyers have more than 100 years of collective practice experience. No other law firm can claim that have handled more tough divorce cases than our upland divorce lawyers. When you need a tough, experienced family law expert, call our Upland divorce lawyers at 1-855-LOMG-911 or use the contact form on this page to schedule a free consultation.
The Financial Impact of Divorce
Often financial problems precede a divorce. The parties, who struggled to maintain one household on their income, simply cannot make ends meet on the same income supporting two households after the divorce. This is another tough part of a divorce. The question of how can two households make it financially on the same income after a divorce is often answered by bankruptcy, foreclosure and/or eviction. By hiring Our Upland divorce lawyers, you are retaining the only full service law firm in the Inland Empire. We have a bankruptcy lawyers , real estate attorneys, personal injury attorneys, and criminal defense attorneys in addition to our Upland divorce lawyers to assist you. We know this time is tough but having our Upland divorce lawyers on your side can make the process easier and make you better prepared for your new life.
Call our Upland divorce lawyers today. We are here to help you no matter what stage your divorce is in. No matter how tough your case may be. Our Upland divorce lawyers will take the time to answer all of your questions during a free consultation. Call us today at 1-855-LOMG-911 or use the contact form on this page.
Division of Debts and Obligations
Just like community property, both parties are responsible for the debts and obligations incurred during the marriage. This can mean tax debt, credit card debt, credit lines and other forms of debt. Even if your income is significantly less than your spouse, you could be saddled with at least half of the debt so, it is imperative that you hire the right family law attorney. Our Upland divorce lawyers are an experienced team of family law experts. They know how to protect your interests and will fight to make the division of debt fair to both parties.
You may not be aware that the obligation of both parties to pay the debts of the marriage continues after the marriage even if the debt is assigned to one spouse. This can create special problems and may unfairly burden one spouse with the debt or even force them into bankruptcy. This is because contract law trumps family law (e.g, you both entered into a contract with the credit card company so even if your spouse is ordered to pay off the credit card, you still are liable for the outstanding balance). If your spouse defaults on the debt, the creditors may come after you for payment. If you spouse files for bankruptcy, they will be relieved of the debt but you still may be obligated to pay. Our Upland divorce lawyers really understands how the division of debt works. They will fight to insure that you are protected after the judgment of divorce has been entered.
Often times one spouse will abuse the community credit just before or just after the divorce has been filed. It could be to purchase luxury items for their new boyfriend or girlfriend or it could be that they used it on themselves, intentionally running up the bill to stick you with the debt out of spite. This is yet another reason why you should not trust your divorce problems to less experienced Upland divorce lawyers. Our Upland divorce lawyers have seen every dirty trick in the book and they know how to counter them to protect your rights.
For more information about the division of debt during a divorce please call and speak to one of our expert divorce attorneys. They specialize in family law and they welcome the opportunity to speak with you about your case. There is no obligation for this free consultation. Even if you just need a little advice or a second opinion, we welcome your call. We know that you will benefit from a consultation with our Upland divorce lawyers. Call now, 1-855-LOMG-911.
Hiding Assets During a Divorce
There are many ways that a spouse can abuse the community estate by hiding income, hiding bank accounts, hiding
property, falsifying deeds, notes and other documents. Our team of experts can tear this screads. The penalty for hiding such assets or otherwise abusing the community estate can be that the spouse who committed the abuse loses their right to the asset. For example, if your spouse intentionally hides the fact that he won the lottery during the marriage and purchased the ticket with community funds, he or she may be required to pay the entire amount of the winnings to you.
Both spouses stand in what is called a fiduciary relationship with each other. This means that they owe each other the highest degree of loyalty and honesty during the divorce and to some extent after. The problem is that you may disclose everything but your spouse is withholding information about an asset that you know nothing about. Our divorce and family specialists are experts at assessing the financial information of divorcing parties. Having seen literally thousands of divorce cases, our divorce attorneys in Upland have developed the skill and knowledge to analyze and often recognize when the other side is hiding assets. Our experts may be able to root out the hidden asset and force your spouse to come clean.
Punish Your Spouse in Divorce Court?
Has the contentiousness of your breakup made you think that divorce court is a good way to stick it to your ex? Maybe you are hiding assets from your spouse or using the kids like a weapon to hurt and manipulate them. While it may be tempting to do such things, it is never a good idea. Acting like a vindictive crazy person will cost you. You will end up attending a lot of expensive and unnecessary court hearings. You divorce will also likely take much longer than necessary. However, the most damaging part of this self-destructive behavior is that the court has very little patience for it. Turning the judge against you with a lot of hatred and vitriol is a costly mistake. This video may shed some light on this subject. Take minute and watch it. Then, give us a call at 1-855-LOMG-911.
Upland Divorce Lawyers
If you think that your spouse is hiding assets or that they abused the credit of the community estate, call the divorce attorney in Upland who will fight to find the asset and insure you receive your fair share from the divorce. Call the Law Offices of Marc Grossman at 1-855-LOMG-911 today.