Stellar Advocacy In Sophisticated Property Division Cases
Flicker, Kerin, Kruger & Bissada LLP has in-depth experience handling even the most challenging kinds of property division issues, always addressing such matters with equal parts dedication and passion.
From our offices in Menlo Park and San Ramon, we provide seasoned representation throughout the Bay Area and beyond. From accurately identifying the value of a business to helping clients avoid breach of fiduciary duty during divorce, we have the acumen and understanding that produces results.
Our attorneys have detailed experience with the division of grants of equity for stock options, restricted stock, restricted stock units (RSUs) or more recently cryptocurrency assets, etc., as well as the division of venture assets such as private equity, venture funds and hedge funds. Our team includes lawyers with decades of business law skill, degrees in finance and skill as former business valuation analysts.
Dividing All Types Of Marital Property
Examples of marital property that may be divided during the divorce process include:
- The family residence and vacation homes
- Family-owned businesses and business interests
- Bank and brokerage accounts
- Commercial real estate and other investment properties
- Boats and yachts
- 401(k)s, IRAs, pensions and other retirement funds
- Restricted stock units (RSUs) and Google stock units (GSUs)
- Stock options
- Private equity interests
- Hedge fund investments
- Cryptocurrencies and tokens (bitcoin, Ethereum, Litecoin and business interests based upon blockchain technologies, etc.)
- Intellectual property
- Life insurance policies and trusts
Guiding Clients Through The Stress And Complexity
Aside from child custody, property division is the most common source of disagreement among divorcing couples, which can lead to lengthy litigation. Before going their separate ways, many individuals wish to retain as much property as possible. Needless to say, the property division process can be stressful and emotionally charged for all parties involved.
For this reason, having the assistance of a highly experienced divorce attorney is critical. Careful investigation and negotiation can often lead to an effective and timely resolution to property division disputes. When the issue cannot be settled privately by both parties, a judge will decide how to divide the couple’s community property assets and debts, and what property is confirmed as a party’s separate property. Having a knowledgeable lawyer on your side can ensure that your rights and interests are protected to the full extent of the law.
Understanding Community Versus Separate Property
Separate property refers to property acquired before marriage, during marriage by gift or inheritance, or after the parties’ separation. Separate property, as its name would suggest, is generally confirmed to the party who owns the separate property, provided he or she can prove or trace the separate property interest as may be required. Some individuals choose to address separate property in a proactive manner by including it in a post-marital or premarital agreement.
In certain circumstances, reimbursement claims can also exist for community property funds or efforts contributed to separate property during marriage, or for separate property funds contributed to community property during marriage. For the most part, community property refers to property acquired during the marriage. Property acquired during marriage is presumed to be community property.
To request a consultation and learn more, contact the California offices of Flicker, Kerin, Kruger & Bissada LLP today.