Emily DeLong

California is known as a community property state. Even so, please forget what you know about community property in California; or more importantly, forget what you think you know or what your friends who have gone through a divorce have told you about their understanding of community property. Community property law in California is complicated and is rarely as cut and dry as dividing property (assets, bank accounts, consumer debt) equally between the spouses.

Many times during a marriage, spouses hold title to property, real estate for example, in various forms that can have a material affect on how that property is divided during a marital dissolution. During marriage, we trust and believe our spouses, as we should, and will often follow their lead in signing documents such as deeds to property or tax returns. These marital conversations are rarely sufficient evidence to support a parties’ belief about actual ownership of such property when the parties are going through the emotional turmoil of a divorce.

For example, you and your husband purchase a house together before marriage and never get around to changing the title after the wedding. Years may pass where both of you contribute to the payment of the mortgage, taxes and insurance for the house you believe to be “ours”. How a house is titled and whether that house in this example is community property or not is complicated and you may find that the assurances given to you by your spouse that title doesn’t matter are far from accurate – maybe not because your spouse had ill intentions or because he or she was trying to cheat you out of your financial “share” of the asset, but because few people who are not lawyers (and even some who are) truly understand how this area of law works.

We do not begin a marriage contemplating a later divorce. Understanding your property rights is very important whether or not you are contemplating ending your marriage. Transactions during a marriage that may seem mundane or insignificant may have a resounding impact on the expectations versus the realities of a divorce. We have a wealth of experience in complicated financial matters and are here to help you understand how the law will apply to the unwinding of the financial component of your marriage will work.

Rebekah A. Frye, CFLS Law Offices of Rebekah A. Frye, CFLS 8 N. San Pedro Street, Suite 230 San Jose, CA 95110 t: (408) 200-1540 f: (408) 275-9035

This is one of the most commonly asked questions, and one that has absolutely no definitive answer.

Each and every case is unique and there is no way to anticipate how much a case will cost. There are, however, a variety of factors that affect the overall cost. The need for forensic accountants, custody evaluations, enforcement of orders, discovery issues, opposing counsel, and the level of conflict all contribute to the overall cost of a dissolution.

During the initial consultation, we try to obtain the necessary information to enable us to create a strategic plan for your specific case. However, we cannot predict how the entire case will unfold and it would be a disservice to the client to set a financial expectation.

Rebekah A. Frye, CFLS Law Offices of Rebekah A. Frye, CFLS 8 N. San Pedro Street, Suite 230 San Jose, CA 95110 t: (408) 200-1540 f: (408) 275-9035

Just with any area of law, whether or not the parties will be required to go into court depends on the specifics to that particular case. The court may, but not always, grant a party permission to appear by phone. Additionally, if the parties are able to reach agreements on all aspects of the case, they may avoid the need for a court appearance.

Rebekah A. Frye, CFLS Law Offices of Rebekah A. Frye, CFLS 8 N. San Pedro Street, Suite 230 San Jose, CA 95110 t: (408) 200-1540 f: (408) 275-9035

California Divorce lawyer Rebekah Frye and her team specialize in handling contentious divorce and complex litigation – especially issues dealing with property division, child custody, relocation, cryptocurrency, and support.

Rebekah A. Frye, CFLS Law Offices of Rebekah A. Frye, CFLS 8 N. San Pedro Street, Suite 230 San Jose, CA 95110 t: (408) 200-1540 f: (408) 275-9035