Property Division & Allocation of Marital Assets & Debts

San Jose Marital Property Rights Lawyer

Marital Property Rights and Community Property Division

Upon the dissolution of your marriage or domestic partnership, you must consider the division and allocation of marital property rights. California is a community property state, where all property, except gifts and inheritance, acquired during the marriage are considered marital property. Both spouses deserve an equitable distribution of marital property and marital debt upon divorce or separation. To learn more about the allocation of the marital property and debts, call the San Jose/Santa Clara, California, Law Office of Daniel Jensen, P.C. at (408) 556-9276 or (866) 491-1667. We represent people throughout Silicon Valley.

Marital property division encompasses many types of tangible and intangible property including:

• Retirement plans and pensions (vested or otherwise)
• Investments including annuities, trusts, and money market funds
• Real property such as residential homes, rental properties, and time shares
• Businesses and capital investments
• Banks accounts
• Credit cards

Defining your rights to property before a divorce will save you time and money litigating these issues. Our attorneys can draft and negotiate pre-marital and marital agreements that clearly lay out the marital property division.

Separate property is any property or debt that you had before the date of marriage or after the date of separation. Community property is anything you bought or debts you had between the date of marriage up to the date of separation, except for gifts and inheritance. We will assist you in confirming your separate property and dividing the community property.

Besides the family residence, retirement and/or pension plans are often the largest portion of marital assets. Under California law, you need to obtain a Qualified Domestic Relations Order from the court to divide pension plans. To learn more speak to one of our attorneys about your interests in your spouse's pension plan.

For more information about marital property division, call the Law Office of Daniel Jensen at (408) 556-9276 or (866) 491-1667 or submit your contact information by filling out the contact us form.