COMPLEX CASES
Complex Property Division Attorneys in San Diego
Complex Property Division In California Divorce: San Diego Family Law Attorneys
High Net Worth and Complex Property Division Divorces Require Experienced Legal Counsel
High net worth divorces require expert legal advice to ensure the best possible outcome for all parties. Our board-certified family law attorneys have decades of combined experience and are here to help you navigate the nuances of complex, high-net worth family law cases.
In high net worth divorces in San Diego County, matters involving the ownership of a business, and situations where one party may have a substantial separate property estate, there are frequently complex property division issues.
In its simplest terms, California community property law presumes that property acquired during marriage is community property, to be divided equally between the two parties at the time of dissolution. However, if one party contributes funds from a separate property source towards the acquisition of an asset, even if this asset was acquired during marriage, the contributing party can and should make a claim for preservation of this separate property interest.
The right to be reimbursed for separate property may depend upon the party contributing these assets being able to “trace” the separate property funds used. This tracing process can require an analysis of source documents and possibly the engagement of a CPA or other expert to confirm the separate property claim.
Business Division During California Divorces
Even when a business existed prior to marriage, California case law provides the community may have a proportionate interest in this premarital business. When the issue of community versus separate character of a business arises during a dissolution action, expert witnesses are generally required to provide appraisals at various dates.
In addition, a detailed analysis may be required, including the amount of community effort devoted by either spouse to the operation of business, the reasonable compensation for any services rendered, and a return on the separate property investment that existed on the date of marriage.
In high net worth cases, parties may own custom residential real estate or commercial real estate. These assets require sophisticated appraisals to produce a reasonable opinion of value.
Dividing Investment Assets in San Diego Divorces
Investment assets are common in high net worth cases. These investment assets may include limited partnerships and other business entities controlled by third parties. It is essential an analysis be performed, not just as to the value, but also as to possible methods of division of these types of investment assets. For example, there may be prohibitions in permitting a division of these assets in-kind (i.e., one-half of each item to each party). There may be restrictions against the sale of assets.
Formal or Informal Discovery?
In representing the party with greater knowledge, our firm has the necessary experience to advise the client as to the requirements for disclosure of information. Since 1993, California law has mandatory disclosure requirements. Our firm is experienced in completing these requirements and compelling compliance of the other party. In a complex property division case, disclosure of information is essential to either settle or litigate the matter.
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Contact the firm at (888) 860-8544 FREE to learn more about your options and rights during complex property division.
Complex Cases
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Law Offices of Beatrice L. Snider, APC
San Diego Divorce Attorney
9663 Tierra Grande. Suite 301
San Diego. CA 92126
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