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Division of Property

In a community property state, such as California, property you and your spouse acquire together during a marriage is considered shared.

Separate property is property you either owned before the marriage, inherited, or that was specifically gifted to you.

Many financial factors are weighed in settling property division during divorce and some of them include:

  • Assets valuation
  • 401(k) / Pensions
  • Stocks and Bonds
  • Residence
  • Issues relating to business interests
  • Characterization as community or separate property interests
  • Gifts
  • Inheritances
  • Personal injury recoveries
  • Assets acquired prior to the marriage
  • Filing bankruptcy

Ownership lines are often blurred when it comes to dividing shared property. By hiring a lawyer you can protect what should be rightfully yours. If you and your spouse are unable to agree on how to divide your property, the court will make final decisions. Elainie Honjas will provide you with legal advice and knowledge that may be vital to the outcome of how your property is divided.

Call our office at (408) 292-4849 to arrange an initial consultation to discuss property division matters.


The Law Office of Elainie Honjas is committed to answering your questions about Family law issues in San Jose

We offer a free consultation and we’ll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.