Marital Property

In any divorce and marital property division case, it is important to remember that California is a no-fault, community property state. This means that issues such as blame and recrimination do not necessarily have to enter into the resolution of marital property division disputes.
Property, assets and debts acquired during the course of a marriage are divided between the spouses in a substantially equal manner. This does not mean a straight fifty-fifty split – the courts are generally more interested in what is fair and equitable than in splitting hairs.
There are very few exceptions to the rule requiring a substantially equal division of marital property in a divorce. One rare but very important example is for what is called a breach of fiduciary duty in cases where one spouse has intentionally misused or hidden marital assets in order to deprive the other spouse of his or her fair share.
We are tireless in our pursuit of fair and equitable property settlements through the identification and valuation of hidden assets and misused funds.
At the Law Offices of Delman W. Smith, we have handled division of marital property cases in which the assets ranged into the millions of dollars, as well as disputes involving very modest amounts. Regardless of the size of the marital estate, we treat our clients with respect and consideration.