Property Valuation and Division

As you prepare for your divorce or legal separation, Mello & Pickering, LLP will work with you to ensure that the division of your community property is fair and equitable. We will help you assess the value of your different properties, businesses, and other assets. We will advise you on whether to sell your home or agree to a buyout with your spouse, as well as work out a plan to divide your debts between the two of you. It is important that both you and your husband or wife each have your own legal representation who will look out for your separate interests.

Located in San Jose, California, Mello & Pickering, LLP is familiar with issues that can arise with couples trying to work out a settlement agreement in Silicon Valley, where company ownership, stock options, stocks, cash bonuses, copyright and licensing ownerships, large homes and estates, as well as other similar assets and issues can be at stake. We will also determine if your spouse has any hidden assets that need to be taken into consideration and help you locate them as necessary.

Community Property

California is a community property state. This means that unless you and your husband or wife have signed a premarital or postnuptial agreement, you are expected to divide your community property 50-50 if you decide to divorce or file for legal separation. Community property is all of the assets, income, investments, property, and debts that you and your spouse have acquired together during your legal union, including property and assets located outside California.

Although there is a common presumption that “50-50” means splitting everything down the middle, this is not literally possible, which is why it is important that you work with a family law attorney who knows how divide your joint estate so that it can be equitably split. For example, if a couple owns two homes—one in Campbell and the other in Morgan Hill—giving one home to one spouse and the other house to the other spouse won’t necessarily equate to a 50-50 split. The value of the home in Morgan Hill might be a lot higher than the sale price that the Campbell home would bring.

We will go through each of your assets with you, explore your different options, and figure out the best plan so that you and your spouse can reach the best settlement agreement possible. In the event that you and your husband or wife are unable to reach an agreement, we are experienced litigators who will argue your case before a judge.

Agreeing how to divide your assets can be one of the most important decisions that you and your spouse can make related to your divorce or legal separation. This is why working with experienced family law attorneys who have the skills and knowledge to handle these matters is very important.

At Mello & Pickering, LLP, we understand that terminating your marriage or filing for legal separation can be a very stressful and painful time in your life. Although we are here to protect your rights and we will negotiate for you with your interests in mind, we will work with you to get through this matter with the least amount of contention possible. If necessary, however, we are family law attorneys with years of courtroom experience, and we will to go to court to make sure that you receive your fair share of the assets that belong to you and your spouse.

To schedule an initial consultation with one of our attorneys, call Mello & Pickering, LLP at (408) 288-7800 or e-mail us at mpllp@sjfamilylaw.com.

Mello & Pickering, LLP represents couples in family law matters involving divorce, legal separation, spousal support, child custody/visitation, child support, paternity, and domestic violence/restraining orders in San Jose, Los Gatos, Santa Clara, Mountain View, Campbell, Saratoga, Sunnyvale, Milpitas, Los Altos, Palo Alto, Gilroy, and Morgan Hill, as well as any other cities in Santa Clara County.

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