McCoy Fatula, APCMcCoy
Located in Roseville, CA

Property Division Archives

Prenups and postnups helpful in property division discussions

Prenuptial agreements are often considered necessary for only the wealthy or famous. Yet, many experts tout their usefulness for most California couples or any couple around the country. Agreements such as prenups can be very helpful in divorce proceedings when property division issues are being addressed.

How to handle the family home in property division discussions

Many California couples and others around the country who get married a second time often develop a prenuptial agreement. The spouses may have children from their first marriage, inheritances, business entities or other assets that they wish to protect should they get a divorce in the future. While prenups eliminate many of the potential conflicts that often arise in property division disputes, some disagreements are still a possibility. A family law expert recently received a question from a woman regarding the difficulties she was experiencing in dealing with dividing the marital home.

Addressing reward points in property division process

When a California couple is going through a divorce, there are a multitude of issues they must address in the process. Property division is a major topic of consideration in the end of most marriages. While the home, cars, bank accounts, insurance policies and retirement funds may be the main focus, there is one asset that may be overlooked.

Splitting retirement accounts as part of property division

At the end of a marriage, many couples will be faced with the question of how to separate various types of savings accounts. If spouses have been married for a long time, they may have spent significant time and effort with each other stashing away funds for the impending time of retirement. It is also possible that one partner has focused more heavily on household management while the other earned the lion's share of the income. In California, this doesn't necessarily mean that the higher-earning partner will get to keep all the property in his or her name. 

Property division: how to split IRA funds in a divorce

Splitting up assets in a California divorce can be a complicated process. When dealing with major assets, such as a home, decisions need to be made that will be fair and equitable to all parties. For many couples, their largest asset is an IRA plan. Property division issues must be addressed to avoid potential penalties or taxes. Financial advisors recommend understanding all the tax implications before splitting the funds in an IRA.

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