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Hi everyone, I’m Dr. Michael Mantell with another Family Law Matters with Bonnie Rabinovitch-Mantel, founder and managing partner of the highly esteemed Primus Family Law Group, where every attorney is a certified family law specialist. Hi, Bonnie. Hi, Michael.

How are you doing today? I’m doing great. Wherever you are is magnificent. It looks great on you.

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Or you look great. I thought I would do something outdoors. The weather is just so perfect.

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It’s magnificent. The rain is gone. The sun is shining.

We’re doing great here. So today I want to talk with you about an interesting topic that’s come up from a number of people who have written in to us. And we’ll talk about how people can reach us with ideas at the end of this segment.

But the issue is property division. With the way things are going today, refinancing and prices changing and so forth, this impinges on families who are separating. How can people deal with it without becoming litigious and argumentative and fighting? There’s a more rational way, and that’s mediation.

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Tell us what’s involved in this particular area when it comes to property division. Well, Michael, as you know, and we’ve discussed many times in the past, anything that you acquire during the marriage is considered community property, unless you have proof that it’s not. So let’s assume that it’s community property.

And for example, your home, that’s usually the largest asset people have when they’re divorcing. And oftentimes, one party wants to stay in the house. They want the opportunity to be able to buy the other person out of that property.

Well, a few years ago, when prices were skyrocketing and interest rates were really low, that was a lot more possible. But now, unfortunately, things are changing. And if you litigate this type of issue, the court is not going to let a party remain on the title and on the encumbrance of a house indefinitely.

Because not everybody can afford a second home. So as long as you’re tied to that home, you really can’t afford to go out and buy your own home. A judge is going to make parties try to refi within like 90 days.

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And if they can’t, they’re going to order the house sold. So in mediation, where you get to run the show and decide what works best for you and your family, you can make alternative decisions, decisions that work for both parties that aren’t exactly what a judge is required to order. Very interesting.

And so a mediation, which is very different than litigation, seems to be the more, I guess, accepted, wise way to move. There are probably other reasons why as well, aren’t there? Well, you know, besides the fact that you get to make your own decisions, it really does end up being a lot less expensive and a lot quicker because you’ve got two people working together. And when I say that, I don’t mean that everybody is in agreement.

It’s just you’re willing to negotiate. You start from a position of I’m willing to negotiate versus I want everything. You know, it’s interesting.

You mentioned this twice now, the issue of being in control in a sense. When you go to court, your attorney is not in control. The other attorney is not in control.

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The judge is in control, right? Absolutely. In mediation, you are sitting there deciding whether to say yes or no. So that’s a very important part, especially in the psychology of a moment in life when it maybe feels like it’s being stripped away from you.

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I have no control. I have no certainty. What’s going to happen? Mediation seems to be a way to put that back into your own pocket.

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Absolutely. And it puts it back for both parties. It really does sort of level the playing field in that respect.

And you’re not constrained by what a judge thinks is appropriate for you, your children, your property, according to the law. Obviously, in mediation, you’re not going to do anything that’s illegal, but it allows you the opportunity to find loopholes. Yeah, yeah.

Bonnie, if people have questions about property division specifically, but more generally about the difference between mediation versus litigation, how can they reach Primus Family Law and talk with a certified family law specialist? You can reach us at 9-574-8000, and we will put you on my calendar as the owner. I do all the consultations for a free 30-minute phone consultation. Or you can reach us online for the same service at www.PrimusFamilyLaw.com. Do me a favor, just say the phone number one more time.

I think it cut out. I’m not sure if it was on my end or not, but just say the number one more time. No worries.

619-574-8000. Bonnie, thanks very much. We’ll see you next time.

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Bye, Michael. Have a great day. Bye-bye.