Property Division

Addressing the Impact of Divorce on Investments

If you are going through a divorce, you may be wondering how the division of community property will affect the investments you have made during the marriage. You may also be concerned about the investments your spouse has made with community or separate funds.

At Creative Family Solutions, Cecil Cianci Law, PC, we advise and represent clients on the impact of California community property law on their investments. Contact us for a consultation with a knowledgeable divorce lawyer.

Valuing and Dividing Community Property Investments

Accurately determining the value of investments, such as rental properties and shares in closely held businesses, can be one of the most complicated and contested aspects of the divorce process. When each side retains experts who do not agree with one another, the valuation of investments must be resolved through either settlement negotiations or a potentially costly trial.

Even if you and your spouse can agree on the value of community property investments, dividing them with an eye toward each spouse's personal priorities, as well as tax consequences, may require an individualized, innovative approach.

Our family law attorneys have experience pursuing accurate valuations and effective divisions of investments which can include:

  • Stocks
  • Bonds
  • Annuities
  • Trust accounts
  • Rental property
  • Collections (artwork, classic cars, other)
  • Retirement funds and pensions

401(k)s, IRAs and other retirement accounts must be dealt with very carefully. Failure to divide these accounts properly can have serious consequences when you choose to retire or draw from the account.

We also have experience addressing the issue of whether investments are, in fact, community property. For example, investments financed with one spouse's inheritance may not be subject to division.

Carefully Attending To Division of Debt Obligations

Many types of investments, particularly property investments, are financed with debt. Even during good economic times, debts acquired during the marriage can complicate a divorce. During an economic downturn, when many families and businesses have debts that exceed their assets, this can be particularly troublesome.

Aggressive Pursuit of Your Family Law Goals

Contact our Roseville-based law office to speak with an attorney regarding how you or your spouse's investments or debts will affect and be affected by your divorce. Call 916-756-4012 today.