Category Archives: Property Division

Splitting Liabilities in a CA Divorce
California Divorce, Property Division, Property Division

Splitting Liabilities in a CA Divorce

Dividing assets and liabilities in a California divorce can be problematic. Some elements of property division are not cut and dried, and many factors can influence how these arrangements are made. Many are concerned about getting their share of the assets from a marriage, but what happens to the debts?

Certified Family Law Specialist Judy L. Burger addresses the complexities involved in splitting liabilities in a CA divorce and how she can help.

Community Property and Debt

California operates under the community property principle, a system designed to ensure fairness. This means generally that, in the absence of other arrangements, both parties will receive an equal share of everything they acquired while married. Any separate property owned before the marriage or obtained after the separation remains the owner’s sole property, providing a sense of security in the process. There are complex exceptions to the division of property acquired during marriage or prior to marriage. 

However, the community property principle also applies to debt. Other arrangements can also come into play here, but typically, both parties in a divorce are responsible for half of the debt incurred  during the marriage.. Unfortunately, these issues are not always so black and white—they more often appear filled with grey areas.

A CA Property Division Lawyer like Judy Burger can work with you to help make the best decisions and arrangements.

Dividing Debt in a California Divorce

Property division can be confusing because of so many potential exceptions relating to community, separate, and co-mingled assets. Here are just a few potential examples:

  1. The divorcing couple’s marital debts are greater than the value of their community assets. A family law judge may assign more debt to the spouse earning more income.
  2. Some marital debt incurred by one spouse may be ruled as separate debt by the judge due to extenuating circumstances (like a cheating spouse using family money to buy gifts or fund travel for the affair).
  3. Student debt funded by marital income may be ruled as separate debt to the one benefitting from the education. One spouse may be directed to reimburse the other for a portion of the student debt already paid.

Complex situations like these are why you need an experienced CA property division lawyer on your team to help ensure you are treated fairly.

Date of Separation and Property Division

California is somewhat unique in that it uses the date of your separation to distinguish between most marital and separate property. Most other states use the official date of the divorce. Once both parties agree the marriage is over, they are considered to be leading separate lives (even if they still live together). From that moment, both are acquiring separate assets and debts.

This is a significant matter in your divorce, but agreeing on a specific date of separation can be tricky. The exact date can be argued from many points and affects which assets and debts are to be retained, split, or surrendered to the other spouse.

Get Experienced Help with CA Property Division

California Certified Family Law Specialist Judy Burger has the resources, working relationships, and expertise to help with the most complex property and debt divisions and business valuations. She harnesses the expertise of various professionals to help ascertain pertinent facts that influence who should be responsible for debts and how assets are to be divided.

Spouses and their attorneys cannot always be trusted to act fairly, so you need an experienced lawyer guarding your best interests. Decisions and arrangements made during these negotiations can affect your life and future. Contact Attorney Judy Burger at one of her eight offices conveniently located throughout California to schedule a consultation.

 

What Makes a CA Certified Family Law Specialist Different?
California Divorce, Child Custody, Child Support, Domestic Violence, Mediation, Property Division, Property Division, Restraining Order, Spousal Support

What Makes a CA Certified Family Law Specialist Different?

Family law matters are often intensely personal and highly emotional. Dealing with families and relationships is always complex and much is at stake for everyone involved. You want more than an attorney when family law issues arise – you want a specialist. California Family Law Attorney Judy L. Burger is a Certified Family Law Specialist who is able to handle complex personal cases through court petitions, negotiation, and litigation.

What makes a CA Certified Family Law Specialist different from run-of-the-mill family law and divorce lawyers?

A High Level of Specialization

Obtaining a law degree and passing the California State Bar exam to practice law is only the beginning. Certified specialists in any area of law must pass a rigorous set or requirements to demonstrate their exceptional knowledge, experience, and proficiency. Only after completing this extensive process does the state bar award the attorney a specialist certificate.

To become a Certified Family Law Specialist in CA, attorneys must satisfy the following prerequisites: 

  1. Pass a written examination
  2. Continuously practice law in their specialty area for at least five years
  3. Complete continuing education in their specialty area
  4. Receive favorable evaluations by other attorneys and judges
  5. Demonstrate experience in a variety of family law matters, including divorce, child custody, child and spousal support, domestic violence restraining orders, property division, and more.

Becoming a certified family law specialist takes time, experience, and extensive knowledge.

Superior Experience in Family Law Cases

Certified Family Law Specialists must continue to demonstrate their expertise by handling complex family law cases to further broaden their knowledge and experience. Recertification every five years requires more continuing education while putting this extensive knowledge into action helping California families.

A CFLS will have considerable experience with:

  • Messy divorces
  • Complex business valuations
  • Sophisticated property divisions
  • Tense negotiations
  • Filing petitions with the court
  • Advising clients
  • Litigating difficult child custody and support cases
  • Ex parte hearings
  • Domestic violence
  • More…

Seasoned representation by a Certified Family Law Specialist like Judy Burger means the putting encyclopedic knowledge, extensive education, years of real-world experience, and measured expertise in your corner. She is vastly more qualified to help you get the results you need and want than other non-certified family law attorneys.

Why Should I Choose a Certified Family Law Specialist Instead of a Family Law Attorney?

Family law matters can be rough on you mentally and emotionally. The possible complexities and problems are legion and specific to every case. However, a CFLS has likely encountered similar cases before and has experience helping families find solutions. If you anticipate a difficult road ahead in your divorce, child custody, support, or related matters, choose a CFLS like Judy L. Burger.

Here are some examples of cases where we recommend a Certified Family Law Specialist:

  • Both parties have agreed to a divorce, but that’s all you agree on.
  • You have differences of opinion about matters like college debt, large real estate holdings, retirement funds, and other asset divisions.
  • You have small children still at home and cannot agree on a custody and support arrangement.
  • Both parties grew up in different cultures, so family rights and extended family concerns are involved.
  • Both parties jointly own a business.
  • One or both divorcing parties are active duty military.
  • You or your child’s safety is threatened.
  • You or your child are victims of abuse.

CFLS Judy Burger has trained for just these and many other situations so she knows how to help you. In fact, she’s been there with other families before. She can guide you through negotiations, difficult conversations, far-reaching decisions, and even embattled litigation with compassion and fortitude.

When you need stable counsel and steady legal representation through one of the most difficult times of your life, you need the services of a Certified Family Law Specialist. Contact The Law Offices of Judy L. Burger as soon as possible to discuss your case and next steps. We have offices throughout California for your convenience.

Overcoming Common Property Division Obstacles During a Divorce
California Divorce, Property Division, Property Division

Overcoming Common Property Division Obstacles During a Divorce

A property division can be fraught with obstacles during a divorce. Partners can accumulate assets of significant value over the years, and dividing them equally is virtually impossible. California Certified Family Law Specialist Judy L. Burger has extensive experience helping divorcing couples divide their property equitably and with the least rancor.

She shares the benefit of her experience in these tips for overcoming common property division obstacles during a divorce.

Common Obstacles to Dividing Property in a Divorce

Divorce can be difficult enough, but adding complex asset divisions into the mix often stretches tempers and emotions to the breaking point. Such divisions are never easy because they involve more than easily sectioned assets. Some of the most common obstacles to dividing property in a divorce include:

  • Family or Jointly-Owned Businesses – Determining who keeps the business, how it is divided, or other related questions is often complex.
  • Common Property—The home and other common property are often a serious point of contention in divorce property divisions.
  • Sentimental Property – A favorite book collection or family heirloom can cause negotiations to reach an impasse.
  • Digital Assets – Music collections and even the right to use online consumer awards can cause a breakdown in property division negotiations.
  • Retirement Benefits—Joint investments and retirement accounts can be real sticking points when determining an equitable property division.
  • Marital Debts – Couples can disagree more about debts than assets, and creating an arrangement to cover debts can be the hardest aspect of a property division.
  • Small Children – Younger children and custody considerations add several layers of additional concerns when dividing assets and marital properties.

Tips for a Smoother Property Division During Divorce

How can you help the property division process go much smoother? Follow these tips:

Don’t Be In a Hurry

Property divisions take time, and more complex assets and issues will require even more. Resolve to be patient and allow the process to play out. Critical factors, such as business valuations, asset valuations, and other processes, require time to be completed. Trust Attorney Judy L. Burger to work diligently with the best resources and leading experts to get the facts you need before serious decisions can be made.

Start With Short-Term Solutions

Begin by keeping things on an even keel. Make sure both households stay afloat for several months. Keep the rent, mortgages, car payments, and other bills current while everything else is being figured out. Focus on caring for yourself and your family, especially if children are involved. Seek amicable arrangements to keep life going steady for a while.

Focus on Needs and Interests, Not Positions

Avoid starting off with solid pronouncements like “I demand the house and the children every weekend.” Focus instead on your needs and interests and those of your family. What does everyone need to live on? How can you maintain a good relationship with the children? How will their needs best be met?

Get Seasoned Legal Guidance

Negotiating the minefields of divorce and property divisions without a seasoned family law attorney is like braving uncharted shoals hidden by large waves – you’re asking for disaster. A Certified Family Law Specialist like Judy Burger has the recognized expertise for navigating complicated divorce negotiations and property divisions.

She can guide the negotiations and offer strategic counsel while representing your interests and those of your children. An experienced third party like her can prevent serious misunderstandings, emotional arguments, and other detriments to a favorable outcome.

CA Divorce & Property Division Guidance

Troublesome relations and complex asset divisions are no problem for Attorney Judy Burger. She has successfully guided numerous complex divorces and property divisions so families can move forward. Contact The Law Offices of Judy L. Burger in California for legal representation, mediation, negotiation, and litigation concerning divorce and complex property divisions.

What Happens If One Party Wants to Keep the Family Residence?
California Divorce, Mediation, Property Division, Property Division

What Happens If One Party Wants to Keep the Family Residence?

Separation and divorce present numerous challenges to both parties. One of the most complex and emotional issues is dividing property. When both spouses have an attachment to the family home, this debate can become heated and fractional. What if one party wants to keep the family residence after a divorce? Or what if both parties wish to keep it and live in it?

California Family Law Specialist Judy L. Burger is well-experienced in Property Division matters relating to divorce. She can work with various specialists to determine the best course of action and your legal rights. Her team can also represent you in property division hearings and other divorce proceedings in the Family Courts when a family residence is in question.

California Property Division Law

California law follows the doctrine of community property in that any debts or assets owned by a married couple are jointly owned (community property). Therefore, each spouse has an equal interest. In a divorce, community property should then be divided 50/50 between the spouses. However, the family home may or may not be considered community property under state law.

The home may be considered community property if:

  • The home was purchased with earnings from both spouses.
  • Both spouses obtained a mortgage for the home while married.
  • Both spouses contributed earnings to pay the mortgage and/or upkeep of the home.

The family residence may be considered separate property if:

  • One spouse already owned the home before marriage.
  • The home was gifted to one spouse before or during the marriage.
  • Only one spouse provided for the mortgage or upkeep of the home.

However, separate and community property can easily become commingled in a marriage. Over time, a married couple can acquire a community interest in the home through numerous actions and investments.

Conversely, other parties can acquire an interest in the home as well. Any mortgage lender you owe will hold an interest. If you jointly own the home with a third party, such as a family home passed down to one spouse but in another person’s name, this person has an interest and legal rights. You may have also used your home as collateral for a business loan. If so, the business in question may have an interest and rights as well.

So, Who Gets the House?

The question of who gets the family residence in a divorce is never simple. As you see above, numerous factors and scenarios can come into play. Separated or divorcing spouses have some options for settling the question:

  • Agreeing on Separate Property: The couple agrees that the home is the separate property of one spouse. This must be verified by a court order to become official.
  • Negotiating a Living Agreement: The couple can agree on who maintains ownership and lives in the house. However, any joint agreement you reach must be ordered by the court to make it official.
  • Spousal Buyout: One spouse agrees to buy out the community property interest of the other spouse. An independent appraisal is necessary and the court must agree to this arrangement.

If the couple cannot agree, the Family Court will turn to California’s property division laws to make orders. In the case of separate property, the home belongs to the spouse who owns it. When the home is declared community property, the court may order the following solutions:

  • Sell the Home: The family home is sold and the proceeds are divided equally among the parties holding an interest or according to the courts division (if any separate property interest is determined).
  • Buyout: One spouse is allowed to purchase the other’s community property interest and becomes the sole owner of the home.
  • Deferred Sale: If a couple has minor children at home, the couple may remain joint owners but allow the custodial parent to live in the home with the children. This can often make a divorce easier on younger children. After a specified time, the home is sold and the proceeds are divided.

Get Seasoned Representation for CA Property Division

Numerous factors can arise in any property division during a divorce, so you need seasoned legal representation and counsel to protect your interests. Family Law Attorney Judy L. Burger is a skilled negotiator and vigorous defender of your rights. She has the knowledge and experience in family law to handle difficult or complex property settlements on your behalf.

Contact one of our offices throughout California today to get help with difficult property division questions in a divorce.

Unique Issues Often Complicate High-Profile Divorces
Property Division, Spousal Support

Unique Issues Often Complicate High-Profile Divorces

Couples in an average marriage face some pretty common issues when they file for divorce. For example, they have to divide their property and debts. If they have children, they must develop a good parenting plan that covers custody and visitation. And, since divorce records are public, friends and family could discover their very private dealings, but it’s unlikely their peccadilloes will hit the news or go viral. High-profile divorces take common issues up a notch or two (or three or four, depending on the couple). Continue reading →

In the Best Interests of the Python Pet Custody in a California Divorce
California Divorce, Child Custody, Property Division

In the Best Interests of the Python: Pet Custody in a California Divorce

As a married couple, Noah and April shared everything – their finances, homes, and friends. They also shared their pet. Desi was a ball python they had raised for more than seven years. Although snakes are not generally considered cuddly pets, both Noah and April loved hanging out with him. But pet custody never entered their minds until they decided to end their marriage. Since they both wanted to keep Desi, deciding what was in the best interests of their python became a major obstacle. Continue reading →

3 Types of Separate Property in a California Marriage
Property Division

3 Types of Separate Property in a California Marriage

When people get married, it’s often said that they are becoming one. Their lives, friends, and family are combined to form their new life. But what about their property? Does one person’s stuff automatically belong to the new spouse? Not necessarily, especially in a community property state like California. Possessions can be considered community (owned by both), separate (owned by one person), or mixed (a little of both). To make things a little more complicated, three types of separate property can exist in a California marriage. Continue reading →