Martin Jamie Elmer

(510) 644-2411



Divorce and Investment Property Assets in California

Berkeley Divorce Law Firm Helping Clients in Alameda County and the Bay Area

Because California is a community property state, investments that are held as separate property during a marriage often become matters for complex litigation in a divorce settlement. While the initial investment account may be maintained as separate property, it is up to the courts to determine whether earnings accumulated over the duration of the marriage may be divided fairly as community property. The issue is often complicated further when the married partners "commingle" assets by continuing to invest earnings into the investment account.

If your pending California divorce will include complex issues involving investment property assets, or the division of separate or community property or debt, the right lawyer will make a significant difference in the outcome of your final property settlement or judgment.

I am attorney Martin "Jamie" Elmer, of Berkeley. For more than 30 years, my law firm has been successfully representing men and women involved in high-asset divorce in communities throughout the San Francisco Bay Area. I rely on a network of independent financial experts to investigate investment property to determine the best ways to protect my clients' interest. I leave nothing to chance regarding full asset value and uncovering hidden assets and investment gains and losses.

Pensions and Retirement Investments

The courts regard pension funds and investments in qualified retirement accounts as community property if accumulated during the marriage. In the event a spouse came into the marriage with a pension fund protected as separate property, the increased value of the fund over the duration of the marriage may be subject to fair division as community property. This can also include the expected growth in value of the community amount, until the age of retirement. To determine a full and fair division of retirement investment money, I work with professionals in the field of qualified domestic relations orders (QDROs).

Over my 30-year career, I have acquired extensive knowledge and experience in complex marital property matters, including:

  • Investment property assets
  • Concerns about community and separate marital property and marital debt
  • Pension funds, retirement investments, QDROs, 401(k) accounts
  • Securities investments, stock options, bonuses and deferred compensation
  • Overseas investments

Oakland Divorce Asset Division Attorney · Investment Property Divorce Lawyer

If you are considering filing for divorce, learn more about divorce and investment property assets in California. From my offices in Berkeley, California, I represent clients in family law matters throughout the San Francisco Bay Area. Call me at (510) 644-2411 or contact my office by e-mail to arrange a free consultation to discuss your legal issue with an experienced Berkeley attorney handling complex high-asset division.

Martin "Jamie" Elmer, Esq. is recognized as a Certified Family Law Specialist by California State Bar


(510) 644-2411

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Martin "Jamie" Elmer, Esq. is recognized as a Certified Family Law Specialist by California State Bar.