Having an expert render opinions on complex issues in determining the value of separate property, or profits on that separate property, is useless unless the attorney gives the expert the law which needs to be examined.  The attorney then needs to work with the expert to formulate the best possible presentation of the facts and the expert’s opinion. 

The attorney will assist the expert in obtaining the information, analyzing it, supply the law which the expert must use, and then work with the expert to obtain that opinion.  The attorney must also have extensive business, real estate and financial knowledge to examine any opinions of the other side’s expert. 

Often times, the parties will use a “joint” expert to act as a neutral to determine the value of an asset.  Another possible issue is that with high-value assets, no two appraisers will ever arrive at the same value.  Therefore, use of a neutral appraisal should be carefully examined.  Many times, it is better to have one party do their own appraisal and then have the other party retain the services of a “review appraiser” to examine the opinion of value.  By doing so, any errors in the original appraisal will be disclosed.

Take Away: If your attorney has experience in business, real estate, patent law and finance, they will be able to give any experts exactly what they need to render the opinion most in your favor.

Absent a valid pre-marital agreement, the marital rights of persons who live in California are fixed in accordance with the California property law.  Generally community property is divided equally. 

Separate property is excluded from the community property and is awarded to the owner.  “Separate property interests” include property owned before marriage, property acquired during marriage by gift bequest, inheritance and profits of such property. 

Characterizing the status of property interest as “community” or “separate” property is the foundational starting point for the resolution of marital property rights. The type of ownership of assets, such as the joint or individual ownership must be determined. 

Issues concerning refinancing of any of the assets during the marriage and use of the proceeds from the refinancing must be carefully considered.  Additionally, both before and during marriage, property can be subject to what is called, “transmutation” which is a transaction or an agreement that works a change in the character of the property. 

The issue of the parties’ fiduciary duties towards one another in managing marital assets may also become an issue in a complicated high asset value divorce.  This is especially true in the difficult financial times that now exist with values of assets declining. 

Questions about whether one spouse’s management of the business has been proper may be an issue.  Where property is determined to have been separate property, there is also an issue of how to allocate profits generated during the marriage from separate property. 

Each of these topics involves critical analysis and the financial skills of the attorney is essential to thoroughly understand the classes of assets involved. 

Take Away: Without an extensive business, real estate, and financial background, the attorney is often lost and of little benefit to you in the divorce.

There is nothing more frustrating than having the value of assets constantly changing because the asset information keeps changing.

Take Away: Make sure your divorce attorney has a pre-divorce planning methodology and knows the correct financial documents to have on hand in financially complex divorces.

The easiest and least costly way of going through the divorce process is to have complete financial information available to your attorney at the beginning of his representation.  He should assist you in completing a questionnaire. 

Don’t be concerned if you do not have all of the needed information.  It is usually available through your accountants, bookkeepers, or other professionals involved with  your business or real estate. 

The attorney should be skilled at acquiring the information necessary for asset valuation to evaluate and testify concerning assets.  Documents and financial information are the critical foundation for planning your divorce.  The better the information, and the faster it is produced, the better the experienced attorney will be able to do the divorce faster, without expense, and with greater precision. 

Additionally, in a pre-divorce planning session, the attorney should be able, after receiving a reasonable amount of financial information, to predict within a range the ultimate outcome of your case. 

Take Away: Experienced attorneys should know how to be cost effective and advise you in great detail about the potential outcomes of your case, and the costs involved.

Therefore, the inexperienced attorney has no choice but to rely upon expensive experts, who will be paid for by the client.  This creates problems because of the costs involved, and the attorney is now dependent upon the expert’s opinion.  It is rare for a divorce attorney to have extensive business and real estate background and experience to understand complex financial investments. 

Typically, divorce attorneys are so specialized in family law that they do not have the broad background in business necessary for high asset value divorces. 

Take Away: If you own a business or real estate, or have intellectual property, stock options or other complicated financial assets, be sure to carefully question your divorce attorney about their knowledge in each of these areas.

San Diego divorce attorney Robert Hajek works with high net worth individuals to help them preserve their business and real estate holdings during this difficult time. Why is Robert the right choice for wealthy individuals?

Robert Hajek has 30 years experience negotiating real estate and business deals, helping clients with patent law, and negotiating and litigating these types of cases. Most divorce lawyers have little or no experience with business or real estate law. And it can get very expensive when they have to hire consultants to explain it to them.

The complexities of a high net worth requires a top rated lawyer…

Robert Hajek is a Martindale-Hubbell National Peer Review Rated attorney. That means other lawyers and judges have rated his legal skills as “very high to preeminent.”

Preeminent…defined as “high status importance owing to marked superiority.” Is that the attorney you want on your side…or the other side?

Robert Hajek isn’t available to just anyone…

Robert only accepts a few high asset value cases a year. Because he is so selective, he can focus all his attention on his clients. So when you call or email Robert, he will always respond promptly. And isn’t that the kind of “concierge service” you want from your lawyer?

Pre-planning cases involving real estate and business ventures is extremely important…

When dealing with the complexities of a high asset value case, the pre-divorce planning session is all important. During this session, Robert reviews your finances, helps create a case strategy, and delivers a very accurate prediction on the outcome. Pre-planning eliminates a lot of the time and money that can easily get eaten up in a high net worth case.

Preserve your assets…

There’s only one attorney in your city with thirty years of business and real estate experience. Robert Hajek can help you get what you want in the complex case you’re facing. You need a lawyer who understands your business and real estate value.

Who do you want on your side of the table? Call Robert now at 858-792-1789 or email him at.

Download the free report Choosing a Divorce Attorney in High Asset Value Situations.