COMMUNITY PROPERTY DIVISION

 
 

California is a community property State. This means that community property (basically all property generally received during the marriage with some exceptions) must be identified, valued, and divided. The task of dividing community property can become complex in certain cases. Separate property (property alleged to belong to only one spouse and not be divided) can be commingled with community property which makes the task harder if you are looking to claim separate property interests. Dividing property can be complicated requiring an experienced attorney for the task. Property owned outside of a community property state may also create certain division problems. The division of company stock by an employee and particularly in the issue of stock options may involve complex determinations as to when the property was acquired. In the case of retirement plans, formulas or accountings may be required to determine exactly what the community interests are in regards to these plans. If one of the spouses is looking to keep the family residence, an attempt at a buyout may be worked out which may involve offsetting other assets as well as the appraisal of the family residence.

In many cases, a good property settlement is worth more than simply its monetary value. A property settlement can dispel your doubts about the future and lay a good groundwork for you starting the next phase of your life and help you move forward in a confident manner in life. At the Law Office of A. Stephen Rocha, we know the keys to a successful negotiation of a settlement agreement is based on knowledge and expertise. In regards to knowledge, we understand the different characteristics regarding different sorts of property that need to be divided from simple bank accounts to complex stock options and retirement plans that involve separate and community interests that need to be separated. In terms of expertise, he has years of experience representing hundreds of clients in family law matters.

If you and your spouse cannot work out an agreement, then we are fully prepared to take this matter to trial and fight for your property. The Law Office of A. Stephen Rocha provides aggressive and focused representation throughout the litigation process. If you need a strong advocate in the courtroom, he will defend your property rights and make sure that you get what you deserve in the divorce.

 

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We help in matters involving in providing lawyer representation in San Diego regarding: Family Law Appeals, Divorce (Dissolution of Marriage), Paternity, Prenuptual Agreement and Postnuptual Agreement, Sole Physical Child Custody, Joint Physical Child Custody, Sole Legal Custody, Joint Legal Custody, and Child Visitation, Child Support, Spousal Support, Support Garnishment Orders, Support Wage Assigment Orders, Domestic Violence and Restraining Orders, father's rights, dad's right, Separate Property Characterization, Community Property Division, Military Divorce, Division of Retirements including Qualified Domestic Relations Orders, Flat Fee Divorce, Flat Rate Divorce, Affordable Divorce, Low Cost Divorce, Cheap Divorce, Prepaid Divorce, Paralegal Divorce Services, and Dissolution of Domestic Partnerships.

The Law Office of A. Stephen Rocha represents clients throughout San Diego County, including: Allied Gardens, Alpine, Barrio Logan, Bankers Hill, Bay Park, Bonsail, Camp Pendleton, Carmel Valley, Carlsbad, Centre City, Chula Vista, City Heights, Clairemont, Clairemont Mesa, Coronado, Crown Point, Del Cerro, East County, El Cajon, East Elliot, East San Diego, Encanto, Escondido, Encinitas, Golden Hill, Grantville, Hillcrest, Kearny Mesa, Kensington, La Jolla, La Jolla Shores, La Mesa, La Playa, Linda Vista, Logan Heights, Loma Portal, Mira Mesa, Miramar, Miramar Ranch, Mission Beach, Mission Hills, Mission Valley, National City, Normal Heights, North Clairemont, North County, North Park, Oak Park, Ocean Beach, Oceanside, Old Town, Pacific Beach, Peninsula, Point Loma, Poway, Ramona, San Diego, Scripps Ranch, Serra Mesa, Sorrento Valley, South Bay, South Park, Talmadge, Tierrasanta, University City, University Heights, and Vista.