Your Guide Through Challenging Times

Real Property Division Is Complex Even In Community Property States

Among the many property division conversations you will have, likely the one with the most significant personal financial investment will involve real property. Homes and investment properties represent a massive amount of money. It’s natural to worry about taking substantial losses to your personal fortune after divorce.

At Klausner | Johnson LLP, our attorneys understand California’s property division laws. While most think dividing community property into equal shares would be simple, it is often far from the case. When your marital assets include real property, you have a great deal at stake, but you have options. We can help you with them.

Did You Bring A Mortgage Into Your Marriage?

In this common scenario, the portion of the mortgage you paid off before getting married is separate property. The part paid off after you married is community property. Calculating which portion of the home is separate property requires the Moore/Marsden calculation.

A Moore/Marsden calculation refers to two guiding California community property cases covering this subject. However, if you’re struggling with the possibility of losing the home you purchased before marriage, you may consider other options, such as transmutation.

Using Transmutation To Secure Your Assets

The concept of “transmutation” refers to crafting a legal agreement with your ex to convert a marital asset into separate property. This is the primary mechanism that we may consider using while representing you in your property division discussion.

Keep in mind transmutation is an agreement and therefore requires your ex to work with you. We know this can be challenging, but we have worked through these situations before with a great deal of success.

Learn About Your Other Options

You have options available to you, but to advise you on the most effective choice, we must speak with you and learn about your exact circumstances. We have over 20 years of property division experience under our belts and can offer you the answers you need. Reach out to us by phone at 949-220-1500 or send us an email.