Property Allocation

Statistics show that roughly 2,500 people get divorced every day in the U.S. Those numbers represent a lot of families in turmoil with fears about their futures, worries about children and questions about how they will recover from a divorce. These numbers also represent many property allocation battles. Property allocation is an issue that may be facilitated with the expert assistance of a mediator, allowing both parties to make their own decisions about what is right for their particular circumstances.

Attempting to allocate property when emotions are running high can be difficult and may lead to decisions that are not made rationally. However, if you do not come to a mutual agreement and your divorce goes to before a judge, the court will make these determinations for you. In most instances, people involved in property disputes would rather retain control over their divorce proceedings.

The law in California with respect to property allocation is that each party involved in a divorce proceeding has an undivided one half interest in all community property. In other words, each party is entitled to one half of the property. However, it is often difficult to obtaining full disclosure of all interests and values for property in question.

Once a full list of property is established, the next step is sorting out and assigning various liabilities and assets in a manner that is appropriate and equitable. Although California deems each party is entitled to a 50 percent share, often the parties will agree to an unequal division of property because that is what works for them. It is best to get this agreement in a written document prior to appearing in court. If it has been mediated with the assistance of an attorney and signed by both parties, it expedites the court proceedings.

Property allocation is a balancing act, where each person’s concerns and wishes need to be carefully weighed. It’s not an easy task for anyone, but the process, if supported by a family law/mediation specialist stands a good chance of being resolved to everyone’s satisfaction. A mediator helps parties clarify issues, interprets legal questions and helps the party in evaluating their situation and their desired outcome. When approached with the proper perspective, property allocation through mediation becomes a less challenging issue.

Contact California Divorce Mediators by email or phone to discuss mediation, legal separation, property allocation, same sex separation, domestic partnerships or dissolution. Mediation may be a viable and reasonably priced alternative to expensive litigation.