Can one spouse claim rights to another spouse’s inheritance during a divorce? In some cases, the inheritance was received during the marriage. In others, the inheritance may have entered the marriage with one spouse and later got mixed in with the couple’s other...
Attorney Gerald Maggio
Client-Focused. Experienced.
Property Division
Does an Orange County California Divorce Court Treat Debt and Property Equally?
Are you filing for divorce in Orange County, California? If so, you probably wonder how California divides property in divorce cases. In almost every case, a divorce case involves the division of property. The division of property in divorce includes both real...
California Divorce: Community Property Tracing Issues
Tracings are used to clarify what each spouse’s share of a marriage’s community property. In some cases, California law may require tracings. One scenario that commonly requires tracing is when commingled cash or assets were used to purchase property during the...
Typical California Divorce Settlements about the Family Home
Your home is your castle, and this mindset is never more evident than when a divorce leaves a couple arguing about who gets the family home. In many cases, it’s where a couple raised their family. During happier times, it was probably a sanctuary of peace and...
Can One Spouse Sell Community Property Before the Divorce is Final?
The division of property is one of the essential elements of the divorce process. The first step is classifying the property by type, which defines how it is handled during the division of property. Properties are typically considered either separate property or...
How Your Divorce Attorney Can Discover Hidden Assets
One of the main goals of a divorce is to provide a fair division of property, assets, and debts between the divorcing parties. Both parties must be completely aware of all assets, debts, and property. Having all the necessary information can be very difficult when one...
California Divorce: Is Property & Debt Always Divided 50/50?
California is what is known as a community property state, a state in which everything you and your spouse earned or bought during your marriage belongs to both of you in equal measure. But that does not mean that you have to divide everything 50/50. Are Assets in...
How to avoid unequal distribution of property during a California divorce
Probably one of the most contentious tasks for any couple to agree on would be the division and distribution of property and assets during a divorce. Making through the separation of the assets in mutual agreement without the need for additional intervention is...
Is Severance Pay Separate or Community Property?
“Is severance pay separate or community property” is a common question that is asked by spouses going through a California divorce. Severance pay or termination pay can come in many different forms. This can be a sizeable asset to consider in your property and asset...
Family Code 2640 and Down Payments on Marital Property
The world of law, even in family law court, is filled with complex legal terminologies and sections that have effect on the overall outcome of a whole host of cases. Family Code section 2640 is no different. When it comes to California divorce cases, Family Code...