Have you decided to divorce and have concerns about joint investments you share with your spouse? Even in the best situations when it comes to investments, problems can arise. Often there are concerns about joint investments made during the Marriage, but concerns can also include investments brought into the marriage.

Joint investments may be handled somewhat differently state by state. For example, California and eight other states are Community Property states. A couple’s “community property” are all assets acquired during the marriage and owned 50/50 between the spouses. Assets acquired before the marriage are considered “separate property”. Couples’ “community property” begins with the marriage and ends when the couple physically separates.

Community Property sounds pretty good, but in community property marriages, couples need to be sure to legally clarify how investments owned prior to the marriage will be legally handled. A Prenuptial agreement that specifies each spouse’s wishes for their own assets helps to avoid difficulties.

Conflict happens when couples can’t agree on what is a fair split of investments. Conflict often concerns investment property and the division of real estate. For instance, property purchased before the marriage is considered pre-marital and if no other arrangement was made, belongs to the spouse who owns it. Property acquired during marriage including bank accounts, the marital home and other real estate assets, investment accounts, and items the couple purchased together, is generally considered joint property.

Mediation offers a way to resolve the issues causing conflict and avoid lengthy court proceedings. Even in the best situations each spouse may have their own definition of what is fair which can lead to conflict. Whether your goal is a divorce with a fair split on investments, or a prenuptial that specifies your expectations of your pre-marital property, A Fair Way Mediation will help you work through the issues and come to a fair and equitable solution. With your input, our experienced mediators will lead you through a thoughtful and open process. We put your needs first as we all work together. Mediation is a valuable tool in our current pandemic situation. All that A Fair Way Mediation offers is available without leaving your home. Stay safe and achieve successful sessions with Zoom, Skype and video chat. Complete our online request for a free online evaluation. Receive a free 30-minute consultation at www.afairway.com or call 619-702-9174.

We now offer Fair Divorce Online. Through this process, we electronically gather your information to ensure all the legal requirements are met, review your documents and create a Marital Settlement that can be submitted to the court along with your court required documents. Ready for some help? Contact us at: www.fairdivorceonline.com