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


Asked on 3/04/02, 2:25 am

2 Answers from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: community property

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

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.

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Answered on 3/28/02, 1:47 pm
PATRICK MCCRARY PATRICK MCCRARY

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

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Answered on 3/04/02, 10:29 am


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