Call the father-son family law specialists at Erickson Family Law LLP at 408-840-2393.

Erickson Family Law

1245 South Winchester Blvd. Suite 102 San Jose, California 95128

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California Legal Representation In Divorce And Separation For Over 55 Years

Photo of Mark A. Erickson And Matt A. Erickson

Work With San Jose Property Division Lawyers Who Are Certified Family Law Specialists

It is an understatement to say dividing marital property during a divorce is challenging in most divorces. At Erickson Family Law LLP, our San Jose property division lawyers are committed to protecting your assets and getting you a fair share in the divorce settlement. With over 55 years of experience in Santa Clara County, we are uniquely skilled in community property law and achieving equitable outcomes for California spouses.

How Do California Courts Divide Property In A Divorce?

California follows community property law. It means that property acquired during marriage is presumed to belong equally to both spouses and is subject to a 50/50 split, including real estate, bank accounts and employment benefits earned during the marriage. Stock options, restricted stock units (RSU) and employee stock purchase plan (ESPP) shares may be characterized as part community property and part separate property.

How Does Separate Property Become Marital Property?

Separate property, which are assets owned individually before marriage or acquired by gift or inheritance, can sometimes become marital property. This can happen when separate property is commingled with community property. The lines between separate and marital property can be complicated, making it essential to have a knowledgeable attorney who can help you identify and protect your separate assets.

Are There Any Exceptions To Community Property In California?

Sometimes, exceptions exist leading to unequal asset distribution. Prenuptial agreements, for example, can set specific terms for the division of property. Retirement accounts and business assets might also be treated differently depending on their acquisition and management during the marriage. Understanding these exceptions is key to achieving an equal division of community property.

What Are Signs Of Hidden Assets In A San Jose Divorce?

Signs that a spouse may be hiding assets include:

  • Unexplained withdrawals or transfers from joint accounts.
  • The sudden disappearance of valuable items.
  • A spouse claiming decreased business income or increased debt.
  • Complex financial statements that are difficult to understand.
  • The creation of secretive or unfamiliar business accounts.

If you suspect your spouse may be hiding assets, the experienced property division attorneys at Erickson Family Law LLP, can help you uncover them and receive your fair share.

Protect Your Future Today

Call 408-840-2393 or fill out our online contact form to schedule a consultation with one of our experienced San Jose property division lawyers, and let us help you seek the equitable outcome you deserve.