Property Division Attorneys

Although the general rules of property division appear clear and simple, oftentimes unique factors can make the decision more complex. For example, if one spouse purchased a home prior to marriage, the general rules would state that the home is the separate property of the purchasing spouse. However, the case becomes more complex if the parties used community property funds (income of either party) to make mortgage payments on the property which reduce the principal owed on the loan encumbering it.

Another complicating factor could be the refinancing of the separate property home during the marriage. During the refinance process or even separate from it, the parties may execute certain deeds regarding a separate property home which may impact characterization and reimbursement rights. The same type of complications can apply to a business owned by a spouse prior to marriage. If a business increases in value during the marriage, a community property interest may be established in the business.

This area of family law requires that parties characterize and divide all community and separate property. At Cage and Miles, our family law attorneys understand complex financial issues such as the tracing of separate property, business valuations, apportionment, and property characterization. Prior to making any decision which may alter the character of your property, it is important to consult with an experienced family law attorney.