Disclaimer: This article does not constitute legal advice. If you have any question about your individual situation it is best to seek the advice of an experienced legal professional.
Sometimes couples own more than one property in divorce, and in many cases, one or more of these may represent a business investment. These may include houses, land, timeshares, vacation rentals and other investment properties.
If your marital assets do include investment properties you may have questions about how to divide this real estate in divorce. Where do you start? What is the best way to divide this property? Should you continue to remain financially entangled with your ex-spouse if you have investment property together?
Divorce Options San Diego Mediation & Law Firm can help guide you towards the best solutions for your investment property in your divorce. Divorce mediation is the only non-adversarial, collaborative way to divide your community property in a California divorce that can actually optimize your shared property and investments, rather than depleting them. If you are concerned about what happens to your investment property in your California divorce, contact us today for a free consultation.
If you have complex marital property that represents an investment, whether it’s a family business or rental properties in divorce, it’s best to choose a non-adversarial process like divorce mediation where your assets can be divided in such a way that it brings mutual benefit. Mediation is often favored in business matters, and it can be equally productive in divorce where your marital property represents an investment. The mediation team at Divorce Options San Diego is highly experienced at valuing and dividing both investment and typical marital assets in your divorce.
Questions to ask should include:
- When was the investment acquired? Is it marital property or separate property?
- Have the profits from the investment been reinvested during the marriage or used to fund the marriage?
- Is there a prenuptial or post-nuptial agreement that governs ownership of the property?
- Is the property a gift or inheritance?
- 5. Do you want to keep the property or sell it?
There are many solutions to issues involving investment property in divorce and each one will be unique to your situation. During divorce mediation with qualified financial divorce professionals your concerns will be addressed and there will be a thorough process to determine the best decision and outcomes in your divorce settlement. At Divorce Options San Diego Mediation & Law Firm, we are highly trained in the financial mathematics of divorce, and can help optimize your divorce distribution so in the end you will keep more of your money instead of giving it away during adversarial litigation
Important things to note during the process of dividing investment property in divorce:
- Expert divorce mediators will help you envision the investment property in the context of the total marital estate so you can make the best decision about the property, sometimes referred to as “optimization.” For example, you could buy out a spouse or exchange for properties of equivalent value, remain as co-owners and share the property. In this case you’ll also have to agree on who pays for repairs upkeep, and other matters.
- It’s important to understand what constitutes separate and marital property and ensure that it is clear what is part of the marital estate and what isn’t. Divorce Options San Diego Mediation and Law firm engages our legal expertise to evaluate your assets to ascertain their status as part of the marital estate.
- If you have marital estate with multiple assets, it’s a good idea to incorporate any future planning such as estate planning. Our firm incorporates future planning with any divorce settlement, especially where there is complex property and family members or interested parties who could be impacted by property transfer and divorce.
High level West Coast divorce mediation is the most efficient divorce process for divorces with complex marital assets, including investments and investment property. Each situation will be different for each couple. When working with Divorce Options San Diego Mediation & Law Firm you can find the best solution for you and your divorcing spouse. Our thorough process ensures that all marital property including investment property is on the table, so the decisions you make will optimize the overall marital estate. Divorce settlements are always both coordinated with lender’s rules and timelines, and compliant with California law and ready to submit to a judge. We also offer a documentation service that can ease the burden of a divorce with complex assets. If you are getting a divorce with investment property we can mediate with you and your spouse remotely wherever you live. We have offices in San Diego, CA and Silicon Valley. Contact us today for a free consultation to learn more about our expert property division support for divorces with investment property.
