(707) 525-8800
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(707) 525-8800
Property division is often the most contested part of a California divorce or domestic partnership dissolution - and the part most likely to end up decided by a judge who has never met either party. Real estate, retirement accounts, business interests, and investment portfolios all have to be characterized as community or separate property, valued, and either divided or offset before a case can close. Marla Keenan-Rivero mediates these cases directly, using 24+ years of family law litigation experience to help both parties understand what a court would likely do, so they can reach an agreement that works for their actual financial picture instead of one imposed on them.
Marla spent over two decades litigating the exact property disputes she now mediates: family businesses, executive retirement accounts, investment real estate, and, a recurring issue in Sonoma County, homes rebuilt or restored after wildfire, where post-fire value and rebuild costs complicate what should be a simple appraisal. She also regularly handles agricultural land and long-held real estate with significant separate-property appreciation, common among Petaluma and Sonoma County families. That background means she can spot valuation and characterization issues early, before they become the reason a case can't settle.
Property division mediation addresses characterization (separate vs. community property, including tracing pre-marital contributions and inheritances), valuation of real estate, businesses, and investment or retirement accounts, and the mechanics of dividing or offsetting those assets, including buyouts, equalization payments, and coordinating the qualified domestic relations orders (QDROs) needed to split retirement plans. Debts are addressed alongside assets. Sessions are offered in half-day and full-day formats and produce a written Memorandum of Understanding after each session. Each party's independent attorney reviews the final agreement before it's submitted to the court.
Generally, anything earned or acquired during the marriage or domestic partnership is community property and split equally; anything owned before the relationship, or received individually as a gift or inheritance, is separate property. In practice this line gets blurry - a home bought before marriage but paid down with joint income, for example - and mediation is where that gets sorted out with both parties' input rather than a judge's ruling.
The business is valued (often with a neutral valuation expert both parties agree on), and then the couple works out whether one spouse buys out the other's interest, both stay involved, or the business is sold. Mediation is generally better suited to this than litigation because it protects the business's ongoing operations and relationships while the valuation and buyout terms are worked out.
Selling isn't required. A common outcome is one spouse buying out the other's share, usually by refinancing the mortgage into their name alone and paying the other spouse their equity share, sometimes offset against other assets. Mediation lets both parties structure that buyout in a way that fits their finances, rather than defaulting to a forced sale.
Call (707) 525-8800 or email Tidwell@perrylaw.net. The initial consultation is free and confidential.
Monday: 9:00am - 5:00pm
Tuesday: 9:00am - 5:00pm
Wednesday: 9:00am - 5:00pm
Thursday: 9:00am - 5:00pm
Friday: Closed
Saturday: Closed
Sunday: Closed
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The information on this website is provided for general informational purposes only and does not constitute legal advice.
