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Division of Property

Division of PropertyIn 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.

Client Reviews
"Two thumbs up for Elainie. She's experienced and easy to work with, and I've used her services for over a decade now on a variety of issues. She will not push hard to get what you want if you are being unreasonable, as she wants her cases to have solid justification. Overall, a very good attorney, and especially good if you want to have a more harmonious resolution to your case." M.P.
"Elainie Honjas has been my attorney for six years now. She has worked more than one legal miracle for me. With her profound experience in the Courts of Santa Clara County I have consistently found her advice to be sound and wise. Not only is Ms. Honjas a really effective professional, in my opinion, with a well respected reputation and lots of very strong contacts throughout the local Legal community, enabling her to negotiate matters effectively outside of the Courtroom, but I have also found her to be a really warm human being with a great sense of humor and a big heart..." A.R.