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My spouse is not agreeing to divide the property evenly. We do not have kids. How do I enforce proper division?

Menlo Park, CA |

She is asking for 70% of the property.

Attorney Answers 3

Posted

Go to trial. The court is required to divide community property evenly by law.

Michael is in San Jose, California and can be reached at 408-295-4232 or at schwerin@ix.netcom.com. Consultation fees, rates and retainers vary based on need and ability to pay.

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Posted

Request a voluntary settlement conference. The settlement Judge may assist in accomplishing a fair settlement and avoid the need for trial.

Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.

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Posted

Our office has maintained a family law practice in Alameda County, Santa Clara County and Contra Costa County for the past 31 years. I have represented several thousand of individuals in family law matters.

Your first threshold question is all the property community property? If any property is separate property, then that individual gets to keep his/her separate property 100%. Community property and debts will be divided equally. Unless you have a significant amount of community property, the expense of the litigation could be very substantial when compared to the amount of assets being divided; be careful.

If you can afford an attorney, you may wish to retain an experienced family law lawyer. If not, contact your local County Bar Association and obtain a referral for a 30 minute consultation with experienced legal counsel, and move forward to file on your own. Remember, when you engage in the Court system, nothing happens automatically, you will have to push the case through until you receive a conclusion. If there is no settlement, this will mean a trial.

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This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.

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