Property Division

Men Have Legitimate Property Rights During a Divorce

Divorce is just as difficult for men as it is for women — both emotionally and financially. In our experience at Dad’s Law, men get the short end of the stick far too often in family court. Divorce judges sometimes still make orders regarding division of property and other financial issues that favor the wife. In divorce negotiations, some lawyers will take advantage of a man’s deeply held need to be a successful provider to push through property division agreements that do not protect the man’s own financial needs.

At Dad’s Law, our fathers’ rights attorneys have extensive experience with — and a deep commitment to — protecting men’s financial interests during divorce. Negotiations and hearings regarding the division of marital property have far-reaching consequences, and at our law firm, you will receive strategic and practical legal representation that puts you on the best possible footing after the dust settles. Contact Dad’s Law to get answers to your questions about divorce and division of marital property.

Does She Really Get "Half"? Half of What?

California is a community property state, in terms of division of marital property. In rough terms, this means that each spouse will be awarded half of the marital assets and half of the marital debt. California’s rules of property division are less flexible than the laws in many other states. Still, an experienced and creative attorney can find room for negotiation and strategic financial planning.

The first step in protecting your financial interests during a divorce is to begin strategizing and planning for divorce as soon as divorce looms on the horizon. There are steps you can take before separation or divorce to give yourself an advantageous position when it comes time to negotiate the division of marital property and debt.

The second step is to work closely with your divorce lawyer — and forensic accountants if necessary — to create an accurate list of all marital assets and debts. Any asset — or part of an asset — that you can claim as separate property will not be subject to division during property negotiations. Similarly, any debts that can properly be assigned to the marriage instead of to your separate actions will have to be divided equally.

With your divorce attorney, you will examine assets such as the following to determine whether your ex-wife should get access to any part of them:

  • Homes and other real estate
  • Retirement assets and 401(k) plans
  • Stock portfolios
  • Family-owned businesses
  • Vehicles and valuables
  • Income, as part of the process of determining whether an alimony award is on the table

You have a right to begin your post-divorce life with a strong financial foundation. Don’t risk financial ruin by letting your ex-wife take advantage of the inherent gender bias against men present in many of California’s divorce laws and family courts.

Get aggressive and protective legal assistance from a seasoned fathers’ rights lawyer at Dad’s Law. Contact our office to make an appointment to discuss your questions about the division of marital property and other financial issues relating to divorce.