Welcome to Fosgate Family Law & Mediation Center, one of the region’s leading alternatives to litigation of family issues. Family Law Attorney Jami Fosgate has helped hundreds of couples settle their property division matters through Divorce Mediation and the Collaborative Divorce Process.
For more than eight years, Attorney Jami Fosgate has focused her practice on helping clients resolve Property Division disputes using peaceful, respectful and affordable methods, including Mediation and Collaborative Team Process.
During your consultation Ms. Fosgate will educate you about the court process of divorce and discuss your options – including litigation, “do-it-yourself,” Mediation and the Collaborative Team approach so you and your spouse or partner can decide which option best suits your situation.
Burbank Property Division Lawyer Jami Fosgate
California is a community property state which means that, generally speaking, all assets acquired and debts incurred during the course of a marriage are subject to equal division between the spouses at the time of dissolution of marriage or partnership. Disputes typically arise when couples disagree about the characterization or valuation of a particular asset or debt as California Law provides that assets acquired prior to marriage (including real property) and all inheritances and gifts are usually considered ‘separate property’ and are not subject to division in the dissolution.
However, in order for a spouse to maintain sole ownership of separate property assets, the spouse must be careful not to co-mingle community and separate property or to create a transmutation of separate property to community property. For example, if monies received from an inheritance are deposited into a joint bank account it may be impossible to ‘trace’ the money to assert a ‘separate property’ claim; or if community property funds pay the mortgage on a home purchased by one party prior to marriage, the community may have a pro-rata interest in the equity of the home. The Family Code and California case law is complex in this area and can increase attorney fees and court costs significantly when couples litigate. Choosing Mediation or the Collaborative Team method can save time, money and stress.
A highly skilled Divorce Mediator, Burbank Attorney Jami Fosgate has extensive experience with Property Division and will work closely with both spouses to help resolve property characterization and asset valuation disputes. If necessary, financial professionals such as forensic accountants and appraisers may be brought in to ensure a reasonable and equitable division of marital property.
Contact Fosgate Family Law & Mediation Center at 818-827-7157 to schedule a free joint couple’s consultation to learn about options to resolve your property disputes in a timely and cost-efficient manner.