Beyond borders: who gets the international properties after a divorce?

High-asset divorces often present unique challenges, especially when it comes to dividing high-value property. These cases involve significant financial stakes and complex portfolios, including international properties.

Determining ownership of international properties

In California, courts consider several factors when deciding who gets international properties in a divorce. The courts weigh in on the following factors:

• Community vs. separate property: Community property acquired during the marriage is typically divided equally. Anything owned before the marriage or acquired as a gift or inheritance falls under separate property and remains with the original owner.
• Courts also examine the couple’s financial contributions, the property’s purpose (residential or commercial), and any prenuptial agreements in place.
• Jurisdictional issues may arise, requiring the court to apply international law principles. This can sometimes complicate the process further.

California is one of the few community property states, and all properties are divided 50/50 unless there is a prenuptial agreement. Each case is different, and anyone going through a divorce may want to seek help from a legal professional to understand their situation better.

How are high-value assets divided?

Dividing high-value international assets involves detailed appraisals and evaluations. Accurate valuations are crucial to ensure fair distribution. Courts may require expert testimony to assess the property’s worth accurately.

Additionally, tax implications play a significant role. Different countries have varying tax laws, which can affect the division and settlement of assets. Couples must also consider currency exchange rates and potential fluctuations impacting asset value.

Taking legal action

High-asset divorces can be challenging as they may involve valuable assets and international properties. With the proper legal guidance, individuals can mitigate risks and complications, leading to a smoother divorce process.