Practice areas · Property

Property & asset division

Homes, equity, retirement accounts and businesses. Decisions this big deserve the full picture before anyone signs anything.

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What to know about property in California

Community property

Assets and debts acquired during the marriage are generally divided equally.

Separate property

What you owned before marriage, or received by gift or inheritance, is generally yours. Mixing it with shared funds can complicate that.

Valuation matters

Businesses, real estate, stock options and RSUs may need professional valuation before they can be divided fairly.

Retirement accounts

Pensions and 401(k)s are often divided with a special court order, called a QDRO.

How Abby approaches property division

  1. 1

    Stabilize

    Bills paid, accounts protected, and no drastic moves that are hard to undo later.

  2. 2

    Gather

    Full disclosures, tracing of separate property, and valuations where they're needed.

  3. 3

    Resolve

    A division that fits your life, like keeping the house in exchange for other assets. Court, when that can't be agreed.

Common questions

Who keeps the house?

There's no automatic answer. One spouse may buy out the other, the house may be sold and the proceeds divided, or it may be traded against other assets.

What happens to my stock options or RSUs?

The portion earned during the marriage may be community property, even if it hasn't vested yet. Grant and vesting dates matter, so bring your equity statements.

We have a prenup. Does it hold up?

Prenuptial agreements are generally enforceable in California if they meet legal requirements. Abby can review yours and tell you where you stand.