Division of Property

Division of Property

If you are currently going through a divorce, contact Heyde Family Law. We can help you get your fair share of assets out of your divorce.

Real Property

Generally, real property acquired during marriage is presumed community property subject to the division of the equity between the spouses.

However, it is possible that the community acquired an interest in real property even if it was purchased by the other spouse before marriage, for example, when earnings during marriage were used for improvements or to pay down the principal balance of the mortgage.

Instead of selling the family home, one spouse may also have the option of “buying out” the other spouse. Even if you cannot afford to buy out the other spouse, there may be other options that would allow you to stay in your home. We can help you determine your options so that you can make an informed decision as to how you want to proceed.


Heyde Family Law can help you determine if you or your spouse have acquired any interests in a pension, 401(K), profit sharing or other retirement or investment plan. If the plan is subject to division, a Qualified Domestic Relations Order (QDRO) may have to be prepared, so that the account can be divided accordingly.  Our experts will prepare the QDRO to ensure that the account is properly divided.


Debts may also be subject to division. The court may order one or both spouses to pay off marital debt.

Business Interests

If one spouse is an owner or part owner of a business interest, there may be a need for a business valuation. We work with qualified experts who can help determine the value of the business and the value of your interest in the business.