Property, Assets & Debt Division
San Mateo Divorce Settlement Attorneys
Ensuring Fair Settlement of Marital Assets and Liabilities
The Law Offices of Wayne A. McFadden leverage decades of family law experience and a network of experts to protect the interests of our clients in divorce. We handle division of complex, considerable marital estates as well as property division for clients who want to preserve the few assets they have with minimal legal expense.
Our San Mateo-based firm represents divorcing parties in the Bay Area and Peninsula from San Francisco to San Jose. Please contact us today to discuss your situation and legal options.
Experienced Property Division Lawyers
California law requires equal or substantially equal division of debts. Our property lawyers in San Mateo help clients find creative and workable solutions without compromising their rightful claim to a fair share of the marital property. For instance, our property lawyers in San Mateo might negotiate for one party to take a greater share of assets if they also assume a proportionate amount of the debts.
The Law Offices of Wayne A. McFadden has extensive experience in community property settlements, using Certified Public Accountants and other experts to determine true income and accurate value of closely held businesses, the house and other real estate, private investments, retirement funds and joint debt.
Residential Property — The home is often the largest asset and negotiations may center on who will stay in the home and how the other spouse will be compensated for its equity. If one party wants to keep the house and the other wishes to sell, we try to go to court to settle the matter. We make sure that the property is appraised at the time of settlement versus the date of separation.
Retirement Accounts — Another source of contention is IRAs, 401(k) plans and retirement savings. A Qualified Domestic Relations Order (QDRO) determines the value of all funds and divides them in one spouse’s name. The other spouse gets 50 percent of the assets to roll over into their own investment vehicles, or we can negotiate to trade interest in the QDRO for other marital assets. Our Real Estate Attorneys in San Mateo determine the future value of investments as of the date of divorce.
Joint Property Disputes — Property division disputes may involve characterization of assets as jointly held vs. separate property. Our Real Estate Lawyers in San Mateo make sure all property accrued in the course of the marriage is considered in settlement. Clients have a right to reimbursement, for instance, if the other spouse used joint assets to purchase property in their own name.
(650) 340-7100: Attorney Wayne A. McFadden has more than 40 years of legal experience, backed by capable associates and a skilled staff. Divorce Lawyers in San Mateo who will get you your fair share in property division and protect your rights.