Guides and Articles on Asset Division, Financial Disclosures and More

Every divorce involves dividing assets. It is just a question of what is being divided and how much it is worth. With various types of assets, such as property, businesses, and personal belongings, at stake, you must know how the law applies to each situation. And you need to know about disclosure laws, community and separate property, and what happens when a spouse violates their duties. This page links to guides and articles covering everything from property division to handling separate and community property.

Asset Division Guides

How Is Property Divided in a California Divorce?
This article explains California law's basic property division principles, focusing on the distinction between community and separate property. It provides an overview of how assets and debts are typically divided between spouses during a divorce.

Divorce with a Business Involved
When a business is involved in a divorce, things get complicated. This article discusses how California courts handle the valuation and division of business interests, addressing community and separate property considerations.

Divorce When Owning a Business Together
If both spouses own a business together, this article outlines the options available, including selling the business, buying out the other spouse, or continuing to run the business together post-divorce.

Is Inheritance Community Property in California?
This article explains how inheritance is treated under California law, emphasizing whether inherited assets are considered separate property (and how commingling can complicate that analysis) and how they are handled in a divorce.

Dividing Retirement, Pension, and 401(k) Accounts
Retirement accounts are common. This article discusses the division of pensions, 401(k)s, and other retirement funds, including the importance of Qualified Domestic Relations Orders (QDROs).

Division of Bank Accounts
Learn how bank accounts, including checking and savings accounts, are divided during a divorce. The article covers community and separate bank accounts and what you can expect in the division process.

Jewelry, Antiques, and Collectibles in a Divorce
This article details how personal items like jewelry, antiques, and collectibles are handled in a divorce, detailing how these items are valued and divided.

Valuing Furniture and Appliances
While often overlooked, furniture and appliances can be contentious in a divorce if they have significant value. This article covers how these items are valued and divided between spouses.

Disclosures, Community, and Separate Property

Disclosures in a California Divorce
Full disclosure of assets and debts is a mandatory part of the divorce process. This article explains the disclosure requirements under California law and the consequences of failing to disclose.

California Community Property
This article provides a detailed explanation of community property laws in California, including what is and isn't considered community property.

California Separate Property
Separate property includes assets and debts that belong to one spouse individually. This article discusses what qualifies as separate property and how it is protected during a divorce.

Preliminary Declaration of Disclosure
The preliminary declaration of disclosure is a mandatory part of the California divorce process. This article outlines what this declaration entails and its importance in ensuring a proper division of assets.

Final Declaration of Disclosure
This article details the final declaration of disclosure, a document that finalizes the disclosure process and ensures that both parties have a clear understanding of marital assets and debts before the divorce is finalized.

Lying on Income and Expense Declarations
Honesty in income and expense declarations is not a choice but a requirement. This article discusses the legal consequences of providing false information on these declarations.

Penalty for Hiding Assets in a Divorce
Hiding assets during a divorce can lead to severe penalties. This article explains the potential consequences of asset concealment under California law.

Dividing the Home

Dividing the Family Home in a Divorce
The family home is often the most significant asset in a divorce. This article discusses the various options for dividing the home, including selling the property or having one spouse buy out the other.

Court Order to Sell the Family Home
Sometimes, selling the family home is the only viable option. This article explains how and when a court might order a home's sale during a divorce.

Buying Out Your Spouse's Interest in the Home
If you want to keep the family home, buying out your spouse's interest may be the way to go. This article covers the legal and financial aspects of this process.

Family Code 2640 Reimbursement Claims
Family Code 2640 deals with reimbursement claims for down payments or other contributions made with separate property. This article overviews how these claims are handled in a divorce.

Dividing a Home Owned Before Marriage
This article discusses the complexities of dividing a home one spouse owned before the marriage, including how the property is classified and divided under California law.