Property, Asset and Debt Division
Berkeley Marital Debt Lawyer
Alameda County Family Law Attorney
Make no mistake; any debt accumulated over the course of a marriage in California is considered community property, no matter which spouse incurred the debt. Student loan debt acquired during the marriage is one of the few types of debt the courts may agree to treat differently.
Issues concerning marital debt included in a property settlement are often complex. If one spouse retains business ownership as separate property going into the marriage, the debt assigned to owner may or may not be considered community property, depending upon the amount of involvement the other spouse was exposed to in the operations and investment. Debt acquired by one spouse — such as a credit card — without the knowledge of the other party may also be considered community property and divided evenly among the spouses in the final property settlement.
Major Credit Cards Accepted · Free Initial Consultation · 30 Years of Experience
Having the right attorney representing your interests in a marital property settlement will make a significant difference in the distribution of debt in your final judgment. For more than 30 years, I have been protecting the rights of men and women going through divorce in communities throughout the San Francisco Bay Area. I know how judges are likely to view marital property and debt decisions and I fight aggressively to protect my clients' interests.
Dividing Debt in Divorce Is Often a Complex and Contentious Issue
Call my office in Berkeley to schedule a free consultation to review your marital property and debt concerns. My experience includes:
- Debt included in prenuptial agreements
- Debts arising from investments
- Business debt
- Investment property assets
- Qualified retirement funds, pensions, 401(k) assets
- Complex business holdings and securities investments
- Executive bonuses, stock options and deferred compensation
- Real estate property, first mortgages, vacation properties
- Business ownership, silent partnership holdings
- LLC and professional practices
Experienced Oakland Marital Debt Division Attorney
If debt will be a significant factor in your pending divorce, get straight answers from an experienced California divorce lawyer. 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 marital debt attorney.
Martin "Jamie" Elmer, Esq. is recognized as a Certified Family Law Specialist by California State Bar
Our Office
1919 Addison Street, Suite 105
Berkeley, CA, 94704
United States
P: (510)-644-2411
Practice Areas
- Child Custody & Visitation
- Custodial Parent Move-Aways
- Parenting Time Modifications
- Stepparent Adoptions
- Child Support
- Child Support Enforcement
- Complex High-Asset Division
- Investment Property Assets
- Property, Asset and Debt Division
- Prenuptial & Postnuptial Agreements
- Separate & Community Property
- Spousal Support, Alimony
- Domestic Violence
- Domestic Violence Defense
- Orders of Protections and TRO
- Estate Planning for Divorced People
- Second Marriage Estate Planning
- Wills & Trusts
- Family Law Resources
Schedule Free Consultation Today
(510) 644-2411
To speak with Jamie Elmer, our Berkeley, California, family law attorney, please call the number above or email us via the form below. Please fill in all required fields.