Dividing Marital Property in a Santa Rosa Divorce

May 7, 2013, by Law Offices of James V. Sansone
By Law Offices of James V. Sansone on May 7, 2013 8:00 AM |

DISSO Prop Divide.jpgAfter your wedding, you reveled at all of your gifts.

There was the shiny new toaster from your Aunt Betsy, the Cuisinart from your best friend, the teak patio set from your parents.

Now, on the verge of finalizing your divorce, you have the task of splitting into "mine" and "yours" what was once "ours."

If you want to fight over the toaster you can, but doing so will only run up your attorney's fees and there are more important issues to quarrel over, such as child custody and support.

Here's What You Get to Keep

It's always a good idea to start by making two lists, one for the property you consider to be exclusively yours and a second list of assets acquired during the marriage.

There are certain items you can keep. For example, rarely will a lawyer be able to take from you:

  • Property you owned prior to the marriage.
  • Any inheritance you received, even during the marriage.
  • Pension proceeds acquired prior to the marriage
Once you determine and agree on what property is yours, you need to separate everything else.

How to Divide Property in a Santa Rosa Divorce

Before seeing your lawyer, review your list of items that you and your spouse acquired during the marriage. These can include:

  • Real estate
  • Household furniture and appliances
  • Jewelry, antiques, coin collections
  • Vehicles, boats and trailers
  • Savings and checking accounts
  • Cash
  • Life insurance policies
  • Stocks, bonds, and IRAs
  • Business interests
Who retains the house depends on a variety of circumstances. If children are involved, then the parent with primary custody usually keeps the house, provided it was purchased during the marriage. If children aren't involved, and the parties are unable to decide who will continue to live in the marital house, a judge will make the decision.

If you have any questions, consult with your Sonoma County family law attorney.

Do you have questions about custody, guardianships, children's issues, or spousal support? If so, call me or schedule a consultation with the Law Offices of James V. Sansone at 707-623-1875 or contact me by email. You can find additional information on family law, children's issues, spousal support, domestic violence as well as a list of resources you'll find helpful on our website.