Experienced Attorneys Protecting Your Property Rights In Divorce

One of the most important and often contentious aspects of any divorce is the division of marital property. You want to make sure you are receiving your fair share of the marital estate – and no more than your fair share of marital debt.

At Macksoud Macksoud & Davis, LLP, our attorneys have more than 40 years of combined experience handling complex property division matters for clients in Torrance and throughout Southern California. We are here to help you achieve a financially healthy post-divorce future.

Standing Up For Your Property Rights

When a couple divorces, all property and debt acquired during the course of the marriage, with a few rare exceptions, is subject to division. Property that gets divided in a divorce includes:

• The family home
• Vacation homes
• Vehicles
• Furniture
• Bank accounts
• Stocks, bonds and other investments
• Retirement accounts, including pensions and 401(k)s
• Business and professional practice assets

We have the skill and experience to handle complex property division proceedings involving the distribution of high-asset marital estates. We draw upon our deep knowledge of California community property laws to help our clients make wise decisions. In the heat of a divorce, it may be tempting to fight over “pots and pans” just to make a point. We will work with you closely to gain an understanding of what property holds the highest value to you so we can fight for what truly matters most.

Post-Separation Earnings: What Belongs To You After You Separate?

Income you earn after your official date of separation is generally your separate property under California law. Pinpointing that exact date, however, is one of the most contested issues in a divorce. Courts examine several factors to make that determination:

• Physical separation: Whether one spouse moved out of the family home
• Stated intent: Communication expressing a desire to end the marriage permanently
• Conduct: Actions consistent with a permanent end to the marital relationship
• Financial behavior: Steps taken to separate finances, such as opening individual accounts
• Corroborating evidence: Text messages, emails or witness accounts supporting the claimed date

The outcome directly affects the classification of your income, assets and retirement contributions, which makes this a determination worth fighting for.

How Separate Property Becomes Community Property Through Commingling

Separate property does not always stay separate. When you deposit an inheritance or pre-marital savings into a joint account, California courts may classify those funds as community property through a process they call commingling. Transmutation takes that further, permanently altering the legal character of an asset, but state law requires a written agreement signed by the spouse whose interest is adversely affected.

A forensic accountant can use a method called tracing to identify and document what originally belonged to you. Tracing involves a detailed review of financial records, bank statements and transaction histories to distinguish your separate property from marital funds. Without this work, proving your separate property claim and protecting those assets in court becomes extremely difficult.

What Happens To The Family Home If One Spouse Owned It Before Marriage?

Dividing the family home often involves more than a simple buyout. California law provides specific protections for spouses who contributed separate property funds toward the home.

Family Code Section 2640 entitles you to reimbursement for separate property funds you used toward a down payment or to pay down the mortgage principal. The Moore-Marsden doctrine applies when one spouse owned the home before the marriage and community funds later paid down the mortgage.

In that situation, the community earns a proportional interest that courts must calculate and divide. These protections can represent a significant portion of the home’s total equity. Courts examine several factors when applying these rules:

• Source of the down payment funds
• Whether separate or community funds paid the mortgage
• Pre-marital ownership of the property
• Current appraised value of the home
• Agreed-upon or court-ordered buyout terms

Understanding these factors early in the process can protect your financial stake in one of the most valuable assets in your marriage.

Protecting Your Financial Future

The outcome of property division proceedings will have a significant impact on your financial future. We are here to put you in the most advantageous position as you look ahead to post-divorce life. To speak with an experienced property division lawyer in Torrance, contact our law offices online or by telephone at 310-961-2989.