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Tips for dividing community property

Splitting your community property in your San Jose divorce can be quite stressful and expensive to litigate, That makes it even more important to negotiate for the items that will be especially helpful to you going forward once you are single.

Read on for some tips about dividing marital property from divorce attorneys all over the country.

Make decisions from the head and not the heart

Fighting tooth and nail for a relatively inexpensive item just does not make good sense in a divorce. Learn to pick your battles.

Hire an appraiser for expensive and hard to value items

The property division process can’t go smoothly and fairly unless you both know the true value of your property.

All community property is divisible

Just because your name isn’t on a retirement pension or financial account doesn’t mean that you aren’t entitled to half of it. Stake your claim, or at least use it for leverage on something else you want.

Debts must be divided, too

Community debts must also be divided and can be used to offset the value of other items in a property settlement.

Consider future value as well

Maybe you are divorcing during an unstable housing market. Rather than selling the property now and both taking a big hit, consider alternatives like allowing one spouse to remain in the home and selling it once the kids are grown and/or the market settles.

Track your spouse’s earnings

Don’t rely simply on the tax return to determine their income. Loan and credit card applications can be a treasure trove of information, as people tend to round up their income on such forms.

Be open to compromise

A willingness to negotiate with your soon-to-be ex-spouse or to undergo mediation can save both of you a great deal of time and money.

By working closely with your San Jose family law attorney, you can determine the assets worth fighting for and find a path to an amicable property settlement with your ex.



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