Clear Guidance On Property Division In Divorce
Last updated on June 24, 2026
Divorce is more than an emotional journey; it’s a financial one, too. Property division is often one of the most complex parts of a divorce.
At Cohen Family Law Group, APC, we can provide the clear, professional guidance you need to ensure a fair division of your shared assets. We have long been a cornerstone of the Encino community. Our lead attorney, Gail Cohen, is both a litigator and mediator. She also holds a board certification in family law through the California Board of Legal Specialization. This esteemed credential reflects an exceptional degree of knowledge and experience in the field.
The Legal Standard For Division Of Property In Divorce
In California, the law views marriage as a partnership where assets acquired during the union are typically community property, meaning they belong to both spouses. These marital assets are divided equally during divorce.
However, individual assets or separate property can complicate this process. That’s where Gail Cohen’s vast knowledge of family law becomes your advantage.
Many Assets In The Balance
In many marriages, particularly long-term unions, numerous assets may need to be divided in divorce. They may include:
- Real estate holdings, including the marital home
- Retirement and investment accounts
- Vehicles
- Business interests
- Debts and liabilities
- Personal property and valuables
Accurately valuing these assets is essential for ensuring a fair distribution. Our team understands how to protect your property interests by securing a fair valuation of assets.
The Advantage Of Crafting A Property Settlement Outside The Courtroom
When it comes to dividing assets at the end of your marriage, mediation or negotiation can often save time, reduce costs and preserve your financial stability. Gail Cohen is not only an experienced litigator, but also a skilled mediator who can help you reach a property division agreement that serves your best interests.
When litigation is necessary, however, our team is fully prepared to represent you with the same level of diligence and determination.
Common Questions About Property Division In California
Going through a divorce in California can fill your mind with a lot of uncertainties. Here are three frequently asked questions about property division that we usually address for our clients.
What is the process for valuing a privately owned business or professional practice in the San Fernando Valley?
Valuing a privately owned business or professional practice in a California divorce involves assessing its overall value, encompassing both its physical assets and its “goodwill.” To accurately divide the couple’s community interest, the Los Angeles County Superior Court usually relies on the expertise of independent forensic accountants. These financial professionals use specific valuation methods, such as the capitalization of excess earnings, to determine the exact community property value of the business while strictly excluding the owner-spouse’s post-separation earning capacity.
How does the court handle our Encino marital home if I bought it before marriage, but we paid the mortgage together?
Under California law, if you bought a real estate property before marriage, it is your separate property. However, if community funds (such as incomes acquired during the marriage) were used to pay down the mortgage principal, the community gains a proportional interest in the property’s equity. California courts use a specific formula known as the “Moore-Marsden” calculation to determine this exact split.
This calculation factors in the original purchase price, the down payment, the amount of principal paid off with community funds, and the property’s appreciation in the high-value Los Angeles County real estate market over the duration of your marriage. However, any appreciation that occurred before your marriage remains your separate property.
Are debts accrued after we separated still considered community property?
No, they are not. In California, your “date of separation” is a critical legal milestone in your divorce proceedings. Under California Family Code Section 70, the date of separation occurs when one party expresses an obvious intention to end the marriage and acts consistently with that intention. After this specific date, any debts, such as credit card debts or personal loans that either of you incur, are classified as separate debt unless there is an agreement.
Talk To A Skilled Lawyer About Property Division Today
The division of property is a critical step in building your post-divorce life. Our team has the tools to help you reach a fair and equitable settlement, whether through property division mediation, negotiation or litigation.
Contact our property division lawyers today at 818-901-8900 to start your new chapter on solid ground.