Legal Question in Family Law in California
community property
if my 401k is all invested in stock. how do they
determine the value to devide for community property.
since the stock market is varied so is the balance of 401k. for example at time of separation the balance is 80000and now the balance is 40000
regards
2 Answers from Attorneys
Re: community property
Dear Inquirer:
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If you haven't already done so, please visit my
web site at --
http://home.pacbell.net/edbjr/ OR
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
There are various technicalities and exceptions to consider but basically (1) all contributions during the marriage are Community Property together with the growth or loss thereon; all contributions after date of separation are your Separate Property, together with the growth or loss thereon. And (2) valuation for the purpose of dividing is as close to trial as possible. If division is by Qualified Domestic Relations Order (not always possible) the value doesn't really matter because the division can be by percentages.
Thanks for sharing your interesting inquiry with
us on LawGuru, and good luck with your case.
Re: community property
Generally, assets are valued at the time of trial. There are few exceptions to that rule, such as in the case of a closely held business. Good Luck, Pat McCrary