San Diego Property and Asset Division Mediation

In general, community property is divided equally if a court has to decide. But you and your spouse are free to agree on a different split, or to trade whole assets instead of cutting each one in half. One of you might keep the house while the other keeps more of the retirement accounts, with an equalizing payment to even it out. Separate property is treated differently, so what counts as separate needs to be sorted out first.

Yes, if you agree and the numbers work. The questions to answer are the home’s value, what’s owed on it, whether the spouse keeping it can qualify to refinance, what the buyout would be, what taxes might apply, and whether that spouse can afford the payments, taxes, insurance and repairs afterward. Scott models those before you commit.

The part earned during the marriage is generally community property. It can be divided, or traded for other assets. Employer plans like a 401(k) usually need a court order such as a QDRO to move money without tax problems, and pensions raise added questions about timing and survivor benefits. Scott works these out with you and coordinates with a QDRO specialist when one is needed.

Yes. You can work through ownership, what part is community, income, value and buyout terms. If a valuation is needed, you can hire one neutral valuator together instead of each hiring an expert to argue the other’s numbers.

It depends on when they were granted, when they vest and what they were for. Some are community, some separate, and some partly both. The agreement can say how future vesting will be handled, who pays the taxes, what happens if the stock drops, and how sales and transfers are handled. Read more in our guide to dividing RSUs in divorce mediation.

Property owned before marriage generally stays separate. But the community can gain an interest if marital income paid the mortgage, or if funds were mixed together. Records matter here, and sometimes a tracing accountant helps. Our post on a house owned before marriage explains it in detail.

Yes. Bring a copy to your first session so its terms can be part of the discussion. Scott can explain the agreement’s terms and facilitate a discussion of how they relate to the property, support and financial issues you are working out. As a neutral mediator, he does not advise either of you on whether the agreement is enforceable or whether a particular proposal is advisable for you personally. Each of you can get that advice from your own independent attorney, and you can bring what you learn back to mediation.

You’re free to have one, and either of you can consult an independent attorney at any point, including before signing. As a neutral mediator, Scott can’t advise one of you against the other. He can, however, act as a consulting attorney for one spouse in a case where he isn’t the mediator.

Mediation only works when both people share complete information. If you seriously believe your spouse will hide assets or refuse to disclose, mediation is probably not the right process, and you should get independent legal advice. If the concern is only that the finances are confusing, organizing them clearly often solves it.

Yes. Many couples start a case, then realize they’d rather settle. You can mediate at any stage, and attorneys can stay involved as advisers while you negotiate with Scott.

Yes. He drafts the marital settlement agreement and the property schedules, and prepares the uncontested court papers within the scope you agreed to. Deeds, QDROs and other specialized transfer documents may be prepared or reviewed by the right outside professional.

Mediation discussions are generally confidential, and it’s a private process instead of a public courtroom. The financial disclosures that California law requires still have to be exchanged, but what you discuss while negotiating stays in the room.

Yes. Large or complex estates are welcome, whether that means a business, several properties, executive stock compensation, trusts or an inheritance. Scott is an attorney and a CDFA®, and he works with jointly hired neutral experts when a case needs them.

Putting property into a revocable living trust usually does not change whether it is community or separate property. The starting point is still when and how each asset was acquired, although the terms of the trust and any written agreement between you also matter. Property held in the trust still has to be identified and characterized during the divorce. Depending on how and when the property was acquired and what the trust or other written agreements say, it may be divided as community property or confirmed as separate property. The trust, wills and beneficiary designations should be updated after the divorce. A trust created by a parent or another family member raises different questions, so bring a copy of any trust that names either of you.