McCoy Fatula, APCMcCoy
Located in Roseville, CA

Maximize property division options to protect assets in divorce

Some California spouses have the unfortunate experience of facing divorce just a few years into their marriages. Many spouses say they didn't see it coming and, in fact, thought things were going along fairly well in their relationships. A man in another state says he can relate to this, as he found out his wife filed for divorce just after he finished paying off her college loans. The situation raised his concerns regarding other possible property division obstacles he could wind up facing in court.

The man sought advice when, after two years of marriage, his wife hit him with the news that she was filing for divorce. He said when they met, she had substantial debt from college loans and he happened to be earning income that was nearly three times the amount of her own income. Like most good husbands would, he helped his wife pay off her loans.

This particular couple happens to live in Texas, which is one of only nine states (including California) that continue to operate under community property laws in divorce. However, the court still has discretion to consider appropriate division of marital property according to the merits of an individual case. The man in question was worried about losing his home and his retirement, mostly because his wife had suggested that she planned on trying to take them from him.

When property division proceedings occur between spouses who are not on good terms with one another, it can be helpful to seek experienced guidance and support to avoid "being taken for a ride." The court's main goal is to help spouses achieve a fair settlement. An experienced California family law attorney can help a spouse concerned about possible retaliation or revenge tactics to protect his or her assets and overcome any obstacles that arise during proceedings.

Source:, "I paid off my wife's student loans - then she filed for divorce after two years of marriage", Quentin Fottrell, April 23, 2018

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