Property Division

Property Division in Divorce and the Evidence you Need

Certainly, it is important to find all marital assets, property, and establish their fair value. This is significantly impacted by varying state laws. For example, some states divide assets based on principles of community property, and others on separate versus marital property. You may then need to determine which assets are joint or personal. Thus, there is a wide variety of evidence that may apply to the property division of your case.

Scale symbolizing the distribution of property, accompanied by overlaid text reading 'Property Division' and 'Assets & Liabilities'." — Uncovering hidden assets: Utilizing digital evidence for equitable property division.

Real Case Example

In order to get a fair settlement, the wife needs evidence of her husband’s known and hidden assets, including investment accounts, cash, and property. In a divorce, either the parties themselves or the court will decide how to divide up the relevant assets of property and debts. Therefore, you must develop a complete financial inventory of what each party owns and owes. We use electronic discovery to find evidence on computers, cell phones, and in emails of assets forgotten or hidden by a spouse, and to establish the true value of assets that may be undervalued or overvalued by a spouse.

Family Law E-Discovery

Use Electronic Evidence to Find Hidden Property and Assets

Hidden assets may include:

Assets put in the name of another (e.g. family or friend)
Delayed business opportunities until the divorce is final
Delayed employment raises, stock options, or bonuses
Exaggerated personal or business debt
Hidden business income
Hidden cash
Hidden or undervaluing assets
Manipulated financial records
Unreported income

Internet Browser History

Evidence on Computers, Cell Phones, Email, and Online Data

We search for financial data on computers, cell phones, in emails, and online to find evidence related to the assets and debts of each spouse. For example, depending on the type of case, computer and smartphone forensics may uncover:

Balance sheets
Bank Statements
Brokerage accounts reports and statements
Clues to hidden assets
Liens
Escrow closing statements
Financial databases
Financial planning information
Financial statements
Government pension summaries
Home loan applications
Income statements or cash flow statements
Inheritances
Installment loans
IRS notifications and correspondence
Judgment liens
Letters and statements from creditors
Life insurance policies
Mechanics or material man’s liens
Net worth statements
Postnuptial agreements
Power of attorney
Prenuptial agreements
Previous divorce documents (e.g. Property Settlement Agreements)
Previous Divorce Qualified Domestic Relations Orders (QDRO)
Property tax liens
Property tax statements
Real estate appraisals
Refinance loan documents
Retirement plan and pension summaries
Social Security statements
Spreadsheets related to investments and assets
Tax itemized deductions
Tax planning information
Tax refunds
Tax returns (personal and business)
Trust documents
Wills and Trusts (Quicken WillMaker Plus, Suze Orman Will & Trust Kit, WillCreator Deluxe, Complete Family Wills)

Computer and Smartphone Forensics

Marital Assets (Real Property, Investments, Bank Accounts)

We use technology to search for “marital assets” (e.g. real property, investments, and bank accounts). We do this with detailed financial searches and by reviewing financial software (e.g. Quicken), spreadsheets, emails, and other financial file data types. We not only review evidence on computers but also cell phones and online databases. Here is a partial list of marital assets we search for:

Alimony from a previous marriage
Animals (dogs, cats, horses)
Antiques
Art
Bank checking accounts
Bank saving accounts
Brokerage accounts
Business budgets
Business Corporations
Business General Partnerships
Business income summaries
Business Limited Partnerships
Business Sole Proprietorships
Capital gains from asset sales
Cash
Certificates of Deposit
Child support from a previous marriage
Children’s custodian accounts
Coins collections
Commissions due
Commodities accounts
Copyrights
Corporate bonds
Corporate pension plans
Credit card accounts and balances
Credit Union accounts
Disability income
Employment accrued vacation time
Employment assistance programs
Employment Cafeteria Plans
Employment deferred compensation
Employment Defined Contribution Plans
Employment Dependent Care Assistance Program
Employment Educational Assistance Programs
Employment Group Insurance Benefits
Employment Group Legal Services Plan
Employment Medical Savings Accounts
Employment Money Purchase Plans
Employment Profit Sharing
Employment Severance Plans
Employment Stock Options
Employment Stock Ownership Plans
Employment Thrift Plans
Employment vacation pay
Expensive clothing (e.g. furs)
Federal Bonds (e.g. EE U.S. Savings)
Forgiveness of debt by others
Frequent-flier miles
Gifts (received or anticipated)
Gold
Government Pension Plans
Hedge funds
HH Bonds
Household appliances
Household furnishings
Household furniture
Income or wage assignments
Income tax refunds
Investment asset summaries
Investment property (rental houses, apartments, townhouses)
Jewelry
Joint tenancy in real property
Licenses
Liens or judgments owed to the party
Life insurance policies (whole life or cash value)
List of debts
Litigation claims or judgments
Loan applications
Loan or accounts receivables
Loans from company
Memberships (county clubs, social groups, charitable groups)
Military pension plans
Money market accounts
Money purchase plans
Mortgages, notes, or contract payments owed to the party
Municipal Bonds
Mutual Funds
Online banking statements
Patents
Personal expenses paid by the business
Personal injury claim or judgment
Personal property
Photos and videos
Preferred and common stocks
Prepaid insurance
Private-equity ventures (including angel investments)
Prizes (lottery winnings)
Professional practices (doctors, dentists, lawyers, CPAs) (see the section below)
Raw (Unimproved) land
Real estate (principal amount or equity in houses, condos, townhouses, vacation homes).
Real Estate Investment Trusts (REITs)
Recreational vehicles (RVs, campers, boats, airplanes)
Rental property and rental Income
Retained earning in company
Retirement accounts (Keoghs, 401(k), 403(b), 457, Traditional IRA, Roth IRA, SEP IRA, SAR-IRA, Simple IRA)
Retirement plan documents, and survivors benefits
Royalties
Safe-deposit box contents
Season tickets (cultural and sporting events)
Silver
Social Security benefits
Stamp collections
State and Local Municipal Bonds
Stock dividends
Tax refunds due
Tax-sheltered and deferred annuities
Tenancy in common in real property
Timeshares
Tips
Tools
Treasury bills
Unemployment income
Vehicles (cars, trucks, and motorcycles)
Wage, pay stubs, and W-2 Records
Workers’ compensation claim or award
Zero-coupon bonds (corporate and municipal)

Marital Debts (Mortgages, Lines of Credit, Credit Cards and Loans)

We use technology to search for “marital debts” (e.g. mortgages, trust deeds, bank loans, lines of credit, credit cards). These credit accounts may be joint or personal. We do this with detailed financial searches and by reviewing financial software (e.g. Quicken), spreadsheets, emails, and other financial file data types. We not only review evidence on computers but also cell phones and online databases. Here is a partial list of marital debts we search for:

Property Division: Other Financial Information

With property division, we routinely collect, search for, and provide the following types of information to lawyers:

The bankruptcy of either parent (typically a Chapter 7 or Chapter 13 bankruptcy)
Calendars
Credit score and credit rating by credit bureaus (see credit report section).
Tax credits, deductions, exemptions.

Tax Return Information and Schedules

Income tax returns details are very important as a party can sometimes try to produce fraudulent tax returns. We search through data contained on computers, cell phones, emails, and relevant online financial files to help the lawyer ascertain what the true tax returns are. The information provided is relevant to such schedules as:

Schedule A: Itemized Deductions
Schedule B: Interest and Ordinary Dividends
Schedule C: Profit and Loss from Business
Schedule D: Capital Gains and Losses
Schedule E: Real Estate, Royalties, Partnerships, Trusts

If there is a family business, we also collect information on the following business tax returns for the lawyer to review:

Business 1099 Forms
Corporate Tax Returns
Partnership K-1 Tax Forms

Valuation of Property

We find documentation relating to the acquisition and current valuation (fair market value) of marital assets, including real property, valuable personal property, and investments. This will help the parties:

Determine an equitable valuation of the assets for settlement
Provide information to an appraiser or valuation expert
Submit as evidence if litigation is necessary

Property Division Tax Issues

We collect tax information from computers and cell phones that lawyers need to evaluate the tax benefits and tax consequences regarding the division, sale, and acquisition of assets. Tax issues may include the triggering of a taxable event or the type of tax to pay (e.g. ordinary or capital gains tax rate).

Military Pensions, Benefits, and Issues

We search for military pensions and benefits in computer files, emails, and cell phones and assist lawyers in collecting information from state and federal government agencies. The gathered information typically relates to:

Military Pensions
Service Members Group Life Insurance
Survivor Benefit Plans
Thrift Savings Plans

Property Division and Valuation Experts

Lawyers often provide the evidence we collect about marital assets and debts to expert witnesses. For example:

Accountants
Actuaries
Bankers
Business Appraisers
Business Valuation Experts
CPAs
Employer Benefits Personnel
Financial Planners
Forensic Accountants
General Accountants
Insurance Agents
Money Managers
Mortgage Brokers
Private Investigators or Private Detectives
Real Estate Agents, Brokers, and Property Appraisers
Retirement Planning Advisors
Stockbrokers
Tax Advisors
Title Company Agents

Real Estate Valuation Websites

In a divorce, the family home may be the most valuable asset of the marriage. Lawyers often use a professional real estate appraiser to determine the fair market value of the home. The following is a list of online websites that lawyers and their clients can use to determine the approximate value of their real property.

Social Security Information

We search the computers of both parties for copies of their “Request for Earnings and Benefits Estimate Statement” issued by the Social Security Administration (Form SSA-7004). This allows us to find information relating to the social security benefits the client is entitled to.

This information can also be obtained from the Social Security Administration at Social Security Account/

Here is an example of a Social Security Benefits Statement at Social Security Statement