Simple and Complex Asset Division

Practice Areas

Simple asset division lawyer orange county

Simple Asset Division

To determine the assets and liabilities of the marital estate for purposes of dividing the same upon dissolution of marriage, all property acquired during the marriage is community property, whether or not it was acquired while domiiciled in California.

Complex Asset Division

Marital property rights and obligations, both during and upon termination of marriage or a domestic partnership, is a very complex body of law. The bundle of rights and obligations turn on community vs. separate property, fiduciary duties of management, control, and disclosure, and debt liability and reimbursement rules. In a dissolution, legal separation, or nullity action, the task is evaluating an equal division of the community estate.

Just to give a taste of how complex this area of the law can be, here are some factors to consider: (1) marital property rights; (2) multistate contacts/choice of law rules; (3) recognized ownership interests of spouses/domestic partners; (4) quasi-community property; (5) quasi-marital property; (6) community property with right of survivorship; (7) characterization of property/properties; (8) transmutation; (9) common law vs. superseding statutory title presumptions; (10) joint title and joint tenancy presumptions; (11) impact of preemptive federal laws; (12) characterization re time of acquisition; (13) term life insurance policies; (14) employer-subsidized health insurance policies; (15) post-separation acquisitions; (16) disability payments; (17) characterization by method/source of acquisition; (18) employment termination benefits; (19) former spouses' rights of survivorship; (20) federal employee benefits; (21) gifts and inheritance; (22) personal injury damages; (23) credit and loans obtained during the marriage and after separation; (24) date of separation laws and presumptions; (25) homes acquired before marriage, with mortgage paid down with community funds; (26) homes acquired before marriage, and converted into joint title; (27) apportionment of rents and profits; (28) fiduciary duties of management and control; (29) marital property debt liability and reimbursement claims; (30) ERISA preemptions; (31) QDRO requirements; (32) stock options; (33) tax rights and liabilities; and (34) void or voidable marriage rights.

This gives you an example of how complex the law can be in these matters. If you are looking for a competent attorney who will protect your rights and assets, please contact Jos Family Law at (714) 733-7066 or jos@josfamilylaw.com.

Frequently Asked Questions

Simple asset division refers to cases where there are limited assets involved & the division process is relatively straightforward. This could include items such as bank accounts, vehicles, or furniture. On the other hand, complex asset division involves high-value assets, investments, business interests, real estate, & other more intricate financial arrangements.

In complex asset division cases, the court takes into account various factors to ensure a fair & equitable division. These factors may include the length of the O.C. marriage, the contribution of each spouse to the acquisition of assets, the future financial needs of each party, & the potential tax consequences. The court may also consider the advice of financial experts or appraisers to accurately evaluate the value of complex assets.

While every divorce is different, there are ways to safeguard your assets. Consult a seasoned family law attorney for advice on prenuptial or postnuptial agreements, trust creation, & company restructuring. However, concealing assets or committing fraud is unlawful & may have serious repercussions.

If you & your spouse cannot reach an agreement on the division of assets, the court will step in & make a determination based on applicable laws & the facts of your case. It is strongly advisable to seek legal representation to ensure your interests are protected & that you have the finest chance of achieving a favorable outcome.

The timeline for asset division in family law cases can vary widely depending on the complexity of the assets involved & the level of agreement between the parties. While some O.C. cases can be resolved through negotiation or mediation within a few months, complex asset division cases may take significantly longer, often spanning over a year or more.

In some cases, asset division decisions can be modified if there has been a substantial change in circumstances. For example, if one party concealed assets or if the value of an asset significantly changed, it may be possible to seek a modification of the original division order.

Get In Touch

Our attorneys are here to help you during every stage of your case. Schedule a confidential consultation and know your options with the seasoned counsel of top family law attorneys.

Contact Information

Please call, email, or contact our office online to arrange an appointment for your case today.

1918 W Chapman Ave Suite 200, Orange, CA 92868

cleint cleint

Sonia Fernández

Jos exhibits exceptional compassion and understanding, promptly addressing all inquiries to facilitate clarity and calm throughout the process with comprehensive and sincere explanations. He offers potential solutions to minimize unnecessary court costs. His team operates efficiently and effectively to complete the task. I highly recommend this law firm as it operates with integrity.

....Read More
cleint cleint

Carlos Serrano

Thank you very much to Mr. Jos and to all his group of professionals who helped me get out of my child support case with a very good result. Each case is different and my case was very complicated. I live in the state of Virginia and the child support office of the state of California was starting a case against me, the amount they wanted me to pay was ridiculously high I didn't know what to do because I don't live in California and I had never met the child either. I searched online for a lawyer in California and thank God I found Mr. Jos's law office. I don't know them personally but I put my trust in them and they didn't disappoint me. We had very good communication despite the distance and they were always available to talk to me and clarify my doubts. Mr. James was the one who took my case to the end and after a long and very difficult process everything went very well in my favor much more than expected. I am very grateful to God for putting the entire team of professionals from Mr. Jos' office on my way. Words are not enough for me to describe everything they did for me and how grateful I am. I definitely recommend Mr. Jos's law firm. Thank you Mr. James for not giving up in my case and having achieved a magnificent result in my favor.

....Read More
cleint cleint

Alexandra Duvall

Jos Family Law has been absolutely fantastic in helping me through my child custody case. Mr Jos communicated with me throughout the entire process. He was very empathetic and understanding with my case and my concerns. The team was always supportive and never once did I feel like they didn’t take my case seriously. I’m so grateful I chose this law firm to represent me and I would 100% recommend this team to anyone seeking assistance. In the end I received the outcome I was looking for which was Sole Physical Custody. Thank you so much Jos Family for representing me.

....Read More
cleint cleint

Marco Galatro

This was the second attorney that represented me for my divorce. Binoye is a very knowledgeable, fair and professional attorney. They are reliable and this made my experience way less painful. They are definitely not greedy for money, they are not one of the many attorneys out there that overbill for their services. I truly recommend them.

....Read More
cleint cleint

Roya

Mr. Jos is by far the best attorney l've ever had to work with. He is diligent, extremely prepared and informed and patient with his clients and goes above and beyond the call of duty to make sure you get the results you are hoping for. I recommend him to anyone who needs a Family attorney.

....Read More
cleint cleint

Ricardo Lajaruna

My most sincere gratitude to the attorney Mr. James Sowers, who is very knowledgeable about the law, works with and for his clients. He is very transparent, honest and I am very grateful for his great support. His legal representation is highly recommended!!!

....Read More
cleint cleint

Nader Zayid

JOS family Law took on my case which entailed custody and move away components and I honestly could not say enough great things about JOS Family Law! Mr. Jos is not only extremely knowledgeable and professional, but it is also extremely obvious how much he cares for his clients on a personal level as well. There is an expression that two heads are better than one, however, Mr. Jos' philosophy takes it further as eight heads are better than two. It was so impressive and reassuring how collaborative everyone at the office works together to meet on regular cadences and discuss their client's cases to brainstorm strategies in order to seek the best possible outcome for their clients. Mr. Jos has an amazing team of extremely talented and knowledgeable attorneys that have worked together on my case. James was the lead attorney on my case and also represented me in my hearing. James was able to get us everything we were asking for as he successfully proved that full custody remaining with me is in the best interest of the children and that the move away is in the best interest of the children as well. We were able to come up with a plan to ensure that the children's mother can visit regularly and still maintain a healthy relationship. James is a rock star attorney! I would without hesitation refer anyone seeking help in a family law matter to call Jos Family Law!

....Read More

Get your consultation today

(714) 733-7066