Negotiating can help you get the assets you want in divorce

Flicker, Kerin, Kruger & Bissada LLP

With cases of property division in divorce, there can be many complexities to consider. You might have physical and digital assets, investments and unique property that you don’t want to divide with your spouse. Under California’s community property laws, spouses are intended to divide their marital property equally. Doing so is a necessity unless you can come up with your own agreement outside court.

Not all people are happy to share their assets equally, which is why a community property law is important. It guarantees that both people walk away with half of the marital estate. However, if you feel that you’ve put more time, money and energy into your marriage than your spouse, that can be a difficult concept for you to handle.

How can you handle your complex property division fairly?

One thing you may want to do is to look into negotiating with your spouse in mediation sessions. If you feel that you provided much more to the marriage than they did, they may agree that a 50-50 division of property isn’t fair. In that case, you may be able to offer the assets you believe are fair and see what they think

Although their attorney may suggest not to take less than half of all the assets you have in your marriage, people’s emotions and sense of guilt can take over. This can sometimes be used to your benefit, especially if your estranged spouse is honest and fair.

With any complex property division case, it’s a good idea to talk to your attorney about your options. You want to do what’s best for you in this situation.

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