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Modern Family Law's San Jose property division lawyers help you sort out, value and fairly divide your home, savings, retirement, stock compensation, business and debts in a California divorce. Santa Clara County divorces are heard at the Family Justice Center Courthouse in downtown San Jose, and your first consultation is free.
When a marriage ends, so does a shared financial life. It's natural to wonder where you'll live, what happens to your retirement and how you'll manage on one income. For many Silicon Valley families, equity compensation and a high-value home are the largest pieces of the puzzle.
Our San Jose family law attorneys explain California's property rules in plain language, help you organize your finances and build a plan tailored to your goals. We look for fair, practical solutions, and we prepare carefully in case a judge needs to decide, so you can start over on solid ground.
Schedule a Free ConsultationCalifornia is a community property state. In most cases, the court divides the community estate equally between spouses (Family Code § 2550). Equal means equal in total value, so one spouse may keep the house while the other keeps more of the retirement savings.
Here's the basic split:
Separate property can lose its protection when it's mixed with community money, such as depositing an inheritance into a joint account. Clear records help show what started as yours. If community funds paid down a home one spouse owned before the marriage, the community may have an ownership interest in it too.
Debts are part of the picture as well. Credit cards and loans taken on during the marriage are usually divided along with the assets.
Does a spouse get half of a 401(k)? The portion earned during the marriage is community property and is generally split equally. The portion earned before the marriage or after separation usually stays separate. List your accounts and debts in our California assets and debts calculator to get organized.
Our Attorneys Are Ready to Listen. Our San Jose property division attorneys bring the knowledge, resources and care to prepare your case, protect your interests and work toward a fair outcome for your family.
Schedule a ConsultationWe're not fans of surprises, and we suspect you aren't either. We built these calculators so you know what to expect every step of the way.
You can work through property division on your own, or a property division attorney can guide you. Because a property split is very hard to change after the judgment, it pays to get it right the first time. Here are the basic steps.
Write down everything: your home and any rental properties, bank accounts, brokerage accounts, 401(k)s, IRAs and pensions, RSUs and stock options, vehicles, businesses, valuable personal items, credit cards and loans. Include accounts in either spouse's name, and pull recent statements so you're working from real numbers.
Sort each item into community or separate property. Your date of separation matters here, because earnings after that date are generally separate. Items get tricky when money has been mixed, so bank statements and closing documents can help trace what started as separate.
Each item needs a fair value. Homes may need an appraisal, accounts use recent statements and businesses may need a professional valuation. Stock awards and pensions are valued differently from a regular bank account, so it helps to understand each one before agreeing to a split.
California requires each spouse to serve a Preliminary Declaration of Disclosure (FL-140) within 60 days of filing their petition or response. It includes a Schedule of Assets and Debts (FL-142) and an Income and Expense Declaration (FL-150). Spouses owe each other full honesty about finances, and we can ask the court for more information if something seems missing.
Most San Jose couples settle property division through negotiation or mediation and sign a marital settlement agreement. Settling lets you make practical trade-offs that fit your family, such as keeping the house in exchange for a larger share of another asset.
Most retirement plans need a special court order, called a qualified domestic relations order (QDRO), to divide the account without early-withdrawal penalties. We coordinate with plan administrators so the order is accepted the first time.
If you can't settle, a judge at the Family Justice Center Courthouse, 201 N. First Street, decides how to divide your property at trial. Each side presents evidence about values and whether items are community or separate. Even then, many couples settle some issues before trial.
For many San Jose families, restricted stock units (RSUs), stock options and bonuses from tech employers make up a large share of the marriage's value. Vested shares earned during the marriage are generally community property. For unvested awards, California courts often use a time-based formula to decide how much was earned during the marriage, which can make part of a future grant community property. Getting the math, the vesting dates and the tax impact right can make a meaningful difference in your settlement.
Dividing a life you built together is a big step, and you don't have to take it alone. Our San Jose property division attorneys will listen to the details of your case, understand your goals and give you clear, practical guidance tailored to your situation.
Frequently asked questions
Yes. Most property and debt acquired during the marriage is community property, and the court generally divides it equally. Spouses can agree to a different split in their settlement.
Property you owned before the marriage, gifts and inheritances you received, and earnings after the date of separation are generally separate. Separate property can lose that status if it's mixed with community money and can't be traced.
Generally, yes, for the part earned during the marriage. Contributions and growth from before the marriage or after separation usually stay with the account holder.
It depends on your finances, your children and what you agree to. You can sell the house and split the proceeds, or one spouse can keep it and buy out the other. A spouse who used separate funds toward the home may be entitled to reimbursement.
Debts taken on during the marriage are usually community debts and are divided along with the property. Debts incurred after separation are generally the responsibility of the spouse who took them on.
The biggest factor is how much you and your spouse disagree. Cases that settle cost much less than those that go to trial. We explain our transparent fees up front, and our SimpleStart program can lower the cost to begin for qualified clients.
Our San Jose property division lawyers understand how emotional it is to divide what you've built together. Every family's situation is different, and you deserve the time it takes to understand every account, asset and debt in yours. Once we know your finances, we can give you clear guidance toward a fair outcome.
The best way through property division is to be prepared. Knowing what you own, what it's worth and how California law treats it helps you make confident decisions. We also look beyond the dollar value on paper, because taxes, liquidity and future costs matter too. Our team pairs compassionate guidance with modern technology to keep your case moving, and our SimpleStart™ program gives qualified clients a more affordable way to begin.
After the judgment, we help make sure your agreement is carried out, with clear steps for refinancing, title transfers and retirement orders, so you can move forward into your next chapter with peace of mind.
Rachel McKenzie
Managing Attorney San Jose, CA Meet Rachel
Sonia Bakshi
Associate Attorney San Jose, CA Meet Sonia
Erin Conghuyen
Associate Attorney San Jose, CA Meet Erin
Jennifer Cima
Associate Attorney San Jose, CA Meet Jennifer
Georgi Roll
Associate Attorney San Jose, CA Meet Georgi
Niraimathi Nagarajan
Associate Attorney San Jose, CA Meet Niraimathi
Maritza Ortiz-Urrutia
Associate Attorney San Jose, CA Meet Maritza
Gabriel Ignacio
Associate Attorney San Jose, CA Meet GabrielProperty division has many parts, and every family's situation is unique. You don't need to understand every detail, but the more you know, the easier each step becomes.
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We’re not fans of surprises and we suspect you aren’t either. We built these divorce calculators just for you, so you know what to expect every step of the way.
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