The Law Offices of

B J Fadem & Associates, APC

Certified Family Law Specialist

San Jose Divorce lawyer

Property and Debt Division is part of Divorce or Legal Separation. The process of determining what is community property accumulated during a marriage can include more than just homes or furniture. It can include:

  • Stock options and portfolios
  • Retirement plans, IRA’s, and Keogh accounts
  • Art and antiques
  • Summer homes
  • Commercial real property
  • Vehicles of any kind
  • Bank Accounts

One of the complicated parts of Property Division and Characterization involves the legal issues of “commingling and transmutation of property”.

  • Commingling of property is when separate property and community property is so mixed together it can’t be traced apart.
  • Transmutation of property is when separate property changes to community property or vice versa.

Common questions are:

I bought my house before we got married but we continued paying on the mortgage after we got married.  Do I still have to give any interest to my spouse during the Divorce?

Maybe.  If any of the principle was paid down during the marriage with earnings during the marriage.

What is Characterization?

It is whether the property is community or separate.

We bought our house during marriage but did not put my name on the deed because of my credit.  Does this mean I lost my community property interest?


The Laws governing Property Division and Characterization are changing constantly. Attorney B J Fadem and our forensic CPAs have thorough knowledge and experience to make sure that your property is fairly divided and that you get what you are entitled to.

Can your Law Firm file our Legal documents and/or represent me in any County?

Yes.  We can file in all California Counties and cities, including but not limited to: Alameda County, Alpine County, Amador County, Butte County, Calaveras County, Colusa County, Contra Costa County, Del Norte County, El Dorado County, Fresno County, Glenn County, Humbolt County, Inyo County, King County, Lake County, Lassen County, Madera County, Marin County, Mariposa County, Mendocino County, Merced County, Modoc County, Mono County, Monterey County, Napa County, Nevada County, Placer County, Plumas County, Sacramento County, San Benito County, San Francisco County, San Joaquin County, San Mateo County, Santa Clara County, Santa Cruz County, Shasta County, Sierra County, Siskiyou County, Solano County, Sonoma County, Stanislaus County, Sutter County, Tehama County, Trinity County, Tulare County, Tuolumne County, Yolo County, and Yuba County.  In addition,  B J Fadem has represented hundreds of clients throughout California, the United States and foreign countries [with regard to Hague matters].

Our Attorneys are skilled at helping clients with Property Division and Characterization legal issues and making the process as civil and polite as possible. We hope that your case will go to Mediation first or to a Settlement Conference. This will save you both time and money. However, if the opposing party does not hold these ideals in high regard, we will be prepared to litigate at trial.

Your issue may be time sensitive.

Please contact our office to set-up your Initial Consultation.

Please read the FAQs prior to your Initial Consultation.

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