Asset Division Lawyer in Burbank
Comprehensive Guidance Through Burbank Divorce Asset Division
Being an equitable distribution state, California considers all marital property and debts for division during a divorce. Marital property includes any assets acquired during the marriage, regardless of which party made the purchase and in whose name it is held.
Only separate property is exempt from division and this includes items purchased separately before the marriage, inheritances, and some other specific martial property exemptions. A knowledgeable divorce attorney can assist you in establishing how these classifications would apply to your specific financial affairs.
- Examples of what may be considered assets subject to division include:
- Real estate
- Household furnishings
- Vehicles
- Certain items if of significant value
- Bank accounts
- Stocks and bonds
- Income tax refunds
- Pension plans
- Value of a business
- Increase in earning potential
What Counts as Community vs. Separate Property in California?
One of the biggest sources of stress in a Burbank divorce is simply figuring out what is actually “on the table” for division. California is a community property state, which generally means that assets and debts acquired during the marriage are shared—but the details can get complicated quickly when accounts are commingled or property changes over time.
Community Property (Typically Split 50/50)
- Wages and income earned during the marriage
- Homes, vehicles, and other purchases made while married (even if only one spouse’s name is on the title in some cases)
- Retirement contributions and pension accruals during the marriage (often divided using a QDRO or similar order)
- Credit card balances, loans, and other debts incurred during the marriage
Separate Property (Often Kept by One Spouse)
- Assets owned before the marriage
- Gifts and inheritances received by one spouse
- Property acquired after separation (depending on the facts and timing)
Where Cases Get Tricky (and Costly) Without Clear Proof
Many disputes come down to documentation: money moved between accounts, refinancing a home, using marital funds to improve separate property, or mixing inherited funds with joint savings. Fusco & Clarke helps clients identify the right records, work with appropriate valuation professionals when needed, and build a clear narrative of ownership—so you can pursue a fair outcome without unnecessary delays.
Want a faster, clearer starting point? Bring recent bank and retirement statements, tax returns, mortgage documents, and any business records to your initial consultation so we can help you map out what should be characterized, valued, and negotiated.
Why You Need Legal Support for Asset Division
An attorney at Fusco & Clarke will help to compile an inventory of the assets of the marriage and your personal assets which should be protected from division. We will address the process of discovery in which the assets of your spouse are documented and verified.
If you are on good terms with your spouse, we can assist by advising you of your legal rights and precedents in similar cases. We can help to finalize an agreement which should then only need to be approved by the court in order for the matter to be concluded.
If relations are strained or even actively unfriendly, we can help to keep the situation calm and professional and keep negotiations moving forward. It is often possible to reach an agreement without the interference of the court even in these cases.
Contact a lawyer from our team for help ensuring all assets of both parties and the marriage are accurately represented for the pursuit of a fair split.
