Property Rights

Community Property Lawyer in Fullerton

One aspect of a divorce that must be addressed is marital property division. As an experienced family law attorney, I guide clients through the property division process. Clients trust me, attorney Kenneth L. Hicks, to provide them with straightforward answers about the possible ways in which their marital or community property may be divided.

The property laws in California are complicated by the fact that we are a community property state. Community property is defined as any income earned or asset acquired by a married individual while living with his or her spouse. This means that any assets or property that you received during the marriage, except gifts and inheritance, are subject to division upon the dissolution of your marriage.

Community property is based upon the time that you were living with your spouse. That is, all assets and property acquired from the date of the marriage until the date of your physical separation may be divided. This division applies to assets including pension, 401K, retirement interests, businesses, real estate, and homes, among other assets you may have. If you have property in another state, that property may also be subject to division if it falls under the community property laws. I can help clients place values on these assets, such as gaining business valuations.

Qualified Domestic Relations Order (QDRO)

One aspect of property rights is a QDRO. This is an order that is often drawn up when the interest in a qualified retirement plan needs to be transferred. Often it is the divorcing spouse, called the "alternate payee," who receives the interest assets. This interest may be transferred as the result of a division of your community property assets upon divorce. I can help you understand QDROs and if one may be needed in your situation.

Contact me, attorney Kenneth L. Hicks, a community property lawyer who can effectively assess your situation and needs. I offer a free initial consultation so you can learn more about the services I offer and how I may be able to help you through your family law case.