San Jose High Asset Divorce Lawyer
Divorce is never a simple process. However, various issues can make things more complicated than usual. For instance, high-asset divorce cases can be particularly challenging — even in a community property state like California. The division of high-value properties can be complicated since only money is easily divisible. And in some instances, even dividing cash can become a convoluted issue. A high-asset divorce lawyer in San Jose, CA may be able to help.
At Argyris Mah, LLP, you’ll work with a San Jose high asset divorce lawyer committed to securing a favorable outcome on your behalf. This is true whether you seek an uncontested divorce or when litigation is necessary. Mediation can also prove highly beneficial rather than letting the courts handle property division. However, every case is different. Schedule a consultation with our law firm today to learn your options and how best to move forward.
What Complications Arise in High-Asset Divorces?
There are a variety of complications that can arise during a high-asset divorce in California. While we live in a community property state — which seeks to simplify many of these complications — significant assets can create complex situations. Community property division means that assets are divided equitably in most situations. However, how do you divide business assets or expensive properties such as homes and vehicles?
Additionally, these cases become more complicated for all parties involved when it’s challenging to separate marital assets from separate properties. This is a common problem since a married couple often makes the mistake of commingling assets. Ultimately, it may take extensive research and legal knowledge to separate such properties, and things can become even more complicated if one of the spouses has hidden assets.
Clearly, such a divorce case can turn difficult quickly. This is why you should speak with our high-asset divorce lawyers in San Jose, CA today.
Is One Spouse Favored in the High-Net Worth Divorce Process?
In the past, men were often favored in divorces involving high-value assets. That’s because the “traditional” household had men serving as the breadwinners. As such, courts would typically feel that the higher earner should be entitled to more property. This has changed significantly in recent years. Thanks to community property laws, no single spouse is favored in a high-net-worth divorce case.
However, it’s important to understand how community property works. In California, most assets acquired during a marriage are considered “community.” There are certain properties, though, that will not fall under this category. We’ll discuss these more in the “Separate Property” section below, but in such cases, one spouse may leave a marriage with more assets than the other.
Let our San Jose high-asset divorce lawyers fight to ensure you’re treated fairly during property division.
Are There Exceptions to Community Property in California?
Imagine a high-asset divorce case where all properties are easily divided. Perhaps the parties own two equally-valued homes and all their finances are handled through a single financial institution. Even in such situations, it’s important to realize that property division may not be straightforward. That’s because there are several exceptions to community property division laws in California. These include:
Separate Property
The following properties are considered separate from marital assets even if acquired during the marriage:
- Gifts
- Inheritances
- Assets received through trusts or wills
- Assets acquired using separate funds
Marital Agreements
A prenuptial or postnuptial agreement can change how properties are divided during a divorce. These are quite common in high-asset divorces. If you’re a high-earning individual, it’s always in your best interest to create such an agreement. Our family law firm can assist with this as well.
Property Acquired During Legal Separation
Any properties acquired after a legal separation will not be part of the marital estate. A separation may be the right decision for you in various circumstances, but it only works if both parties agree to the arrangement. Once the separation is finalized, though, any properties acquired after the fact remain yours alone.
Family law attorneys encounter each of these situations frequently. Unfortunately, many individuals walk away from their marriage with less than they’re entitled to because they don’t understand the nuances of the law. Let our high-asset divorce attorneys in San Jose protect your rights and ensure you’re not receiving less than you deserve. Contact our law firm today.
Contact a High-Asset Divorce Lawyer in San Jose, CA Today
When you’re involved in a high-net-worth divorce case, you need an experienced attorney on your side. These divorce cases will often need financial professionals involved to ensure a fair division of assets, and this is in addition to common issues like child support, child custody, and spousal support. Differentiating separate property from the marital property can become complicated, but that’s far from where your difficulties might end. A skilled legal professional can help.
At Argyris Mah, LLP, our team of legal professionals has extensive experience dealing with high-asset divorce cases. We know the difficulties you’re up against and how to navigate the system to fight for your best interests. And since there’s no charge for your initial consultation with our high-asset divorce lawyers in San Jose, CA, you have nothing to lose by reaching out today.
Contact us now by calling (408) 214-6366 to schedule your case evaluation.