San Diego Property Division Lawyer

Equitable Distribution - Marital Property - Asset Valuation

Phone: 619-284-4113

Based in San Diego, the property division lawyers at Wilkinson & Finkbeiner, LLP, provide personal service, attention, and professional representation to men and women throughout southern California with issues involving the identification, characterization, valuation and distribution of marital assets.

We also assist clients with post-divorce issues regarding the discovery of undisclosed assets or omitted assets such as hidden bank accounts, investment accounts, retirement accounts, real estate, and collectibles or other personal property (cars, boats, guns, antiques, art, etc.)

Skilled San Diego Property Division Lawyer

As skilled San Diego property division lawyers, we understand that the first step in any divorce case is to identify and characterize all of the assets within the marital estate.  Our attorneys will work with you to obtain all information regarding the existence of all marital property through the processes known as disclosure and discovery. Discovery can include a deposition, request for production of certain documents, or interrogatories, which are questions concerning the existence of certain property.  Characterizing the property identified as community property, separate property or quasi-community property is the second step in the process.  Once property is characterized and valued, either through an agreed upon price or an appraisal, the parties can begin to discuss the division of their particular assets.  Each type of property, whether real or personal, may have special rules and issues concerning each party’s rights and obligations.  Our attorney’s will explain the nuances of California community property law and how it applies to each of the assets or debts in your case.  Specific issues regarding valuation and distribution of marital assets may arise in the following property:

• Marital residence – date of valuation, separate property interests including down payments and improvements
• Other real estate holdings
• Businesses interests, including interests in family businesses and closely-held corporations and their valuation
• Stock options – including whether the option is either separate or community property
• Retirement plans (401(k)s, pensions, military, etc.) – may involve valuation issues like the Time Rule
• Collectibles
• Insurance policies
• Inheritances – involve issues of tracing separate property rights
• Pets (dogs, cats, etc.)

Characterizing assets as community, separate or a mixed asset can often be a difficult and time consuming task. We have the experience, skill, and understanding to assist you in these matters and to quickly identify the issues in your case and how they will likely be determined if the matter went to trial.
Contact a San Diego Property Division Lawyer