Law Office of Lily L. Huang
More Than A Decade Of Family Law Experience

property division Archives

How a prenuptial agreement can save future heartache

At the Law Office of Lily L. Huang in California, we know how difficult it is for you when your marriage breaks up. You and your spouse may have widely differing opinions regarding child custody and support issues, spousal support issues, and property settlement issues. Often our clients say they wish they had signed a prenuptial agreement before their marriage because it likely would have made their property division considerably easier and less contentious than it is today.

Complications of property division

Dividing property may sound easy: "I'll take the house. He can keep the cars." When a family has shared life in and through that property, though, deciding who gets to keep what can be tricky. California families would do well to remember assets are often not simply property; instead, they include the meaning attached to that teapot or framed portrait. 

What is dissipation?

While some California spouses conduct their divorces in a fair and amicable fashion, other divorces become rancorous and even spiteful affairs. In some cases, a spouse will try to keep from distributing assets to a separating spouse by dissipating the assets before the other spouse can claim it. Some people may not know what this term means and do not even realize they are victims of it.

What happens to debt in a divorce?

When it comes to finances, most of us have assets and debts. In a divorce situation, you will need to divide all property, which includes all assets. However, you may be unclear on what happens with the debt you and your spouse share when you divorce in San Jose. This is where things can get a little complicated because it depends somewhat on the type of debt.

Complex property division issues explained

California law is relatively specific when it comes to the division of property, but decisions often require significant accounting and investigation. A brief review of the how the courts might classify and divide post-marital property often alleviates the frustrations associated with the process. These topics also provide the basis for insight into potential divorce outcomes, as the court tends to treat community property differently than it does pre-marital holdings.

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