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Recent Posts in Separate Property Category

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WEBCAM Divorce and (SECOND OPINION) Family Law Consults!

WebCam Divorce and Family Law Consults You have found this website because you have questions about a system of rules that is alien and certain to dramatically change the landscape of your life, ...
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Pre-Marriage TIPS for MEN - Surviving DIVORCE Without A Prenup!

Q. What steps can I take to protect my assets from divorce? My fiance refuses to sign a premarital agreement. Can I be protected without a prenup? A. Let's face it - while many men consult a ...
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The Ten Biggest Mistakes People Make That Impair Their Rights Upon Divorce

The Most Common Mistakes That Radically Affect Marital Rights and Obligations Upon Separation or Divorce It is amazing how we tend to enter into the most important business relationship of our lives ...
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Dividing JOINTLY TITLED PROPERTY Acquired Before Marriage (or RDP) - Family Law Act or Partition?

Family Court Jurisdiction to Divide Jointly Titled Properties Acquired Before Marriage or Domestic Partnership Registration: Family Code Section 2650 My office seems to be the final resting place for ...
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How Are BUSINESSES Owned Before Marriage DIVIDED In Divorce?

Q. My Wife is a personal injury lawyer with a good practice which she started six years before we married. We have been separated for nine months, after nine years together. She just sent me a ...
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What Happens In Divorce When One Spouse Owned A Residence At the Date of Marriage?

Q. I am not on title to a home my husband owned before we married but we paid the mortgage for 7 years. If we divorce, do I have any interest in it? A. There is an important concept under California ...
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If DATE OF SEPARATION Is Contested, What Do Courts Look At?

Q. If I contest date of separation, what evidence do courts look at? A. The question for trial courts is: Does one or both spouses objectively and subjectively act and appear as though they intend a ...
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IRMO MARGULIS - Managing Spouse Has BURDEN OF PROOF To Explain MISSING ASSETS

Marriage of Margulis ( 8/11/2011) 198 Cal.App.4th 277 Part One I am always pleased to report cutting edge rulings by our appellate courts, and this is one of the most important decisions in recent ...
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FORM OF TITLE Trumps COMMUNITY PROPERTY PRESUMPTION Where Life Insurance Is An Asset in DIVORCE

Marriage of Valli, B222435 PLEASE NOTE - The California Supreme Court granted review of this decision on 8/24/11 and as a result the opinion reviewed below has been vacated. 8/26/11 TWA The California ...
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What Are TRACINGS In California DIVORCE Proceedings? Tossed Salad and Mixed Vegetables!

Q. My attorney has used the word "tracings" several times, and I really don't understand how this works. Can you give me a simple explanation? A. Unlikely (sorry!). Tracings may be ...
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Are STOCK OPTIONS COMMUNITY PROPERTY?

Q. How are stock options treated if I decide to dissolve my domestic partnership? A. Stock options are commonly used to attract or retain key employees with incentives outside the basic salary ...
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What does "COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP" Mean?

Q. I am considering a divorce. I have found the deed to our home, and I see that the grant deed by which we took title is held like this "to Jim... and Mary..., husband and wife, as Community ...
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I Have Been Paying the MORTGAGE Since SEPARATION - Am I Entitled to WATTS CREDITS?

Q. I have been occupying our family home alone since my wife left over a year ago. I pay all the interest only mortgage, property taxes, and insurance with no help from her. Does she owe me half of ...
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My Ex Has Been EXCLUSIVELY USING Our RESIDENCE - Is There an EPSTEIN CREDIT For This?

Q. I have been occupying the home after my wife left over a year ago. I pay all the interest-only mortgage, property taxes, and insurance with no help from her. Does she owe me half of any of this? A. ...
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How Are Funds in a JOINT BANK ACCOUNT Treated in Dissolution or Legal Separation?

Q. My Wife removed all the money from our joint savings account immediately before filing for divorce. Some of that money included an inheritance from my grandmother. What are my rights to recover any ...
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DISCOVERY in California Marital Proceedings - What Are Requests for Admission?

Q. How do I use Requests for Admission in my dissolution proceeding? A. Requests for Admission ("RFA's") can be a useful discovery tool in family law proceedings because they allow ...
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Does MOORE MARSDEN appy to IMPROVEMENTS we made to our RESIDENCE during marriage?

Q. I understand that Moore Marsden has something to do with reimbursing the community estate for the mortgage payments we made on the house my wife owned prior to our marriage, but we spent some the ...
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When I get MARRIED, how do I avoid my husband's DEBT?

Q. If I marry is it possible to avoid any of my fiance's debt liability? A. Yes. First, your separate property doesn't become liable for a spouse's premarital debt simply by marrying. But ...
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Am I LIABLE for my husband's NURSING HOME DEBT?

Q. Am I liable for my husband's nursing home bills? A. Yes, under most circumstances. Community and both spouse's separate property is liable for the other spouse's "necessaries of ...
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Am I LIABLE for my husband's GAMBLING DEBTS?

Q. My husband won't stop gambling. Am I liable for his gambling debts? A. The community property that the two of you own is liable as to satisfy his gambling obligations, assuming there is any ...
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If my Wife and I are separated, do I have to pay the CREDIT CARDS she ran up after leaving?

Q. My Wife and I are separated. Am I liable for her debts she incurs once we split up? A. If you are a co-signor on, for instance, a credit card account you are also liable to the credit card company. ...
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Am I LIABLE for my spouse's PREMARITAL DEBT?

Q. Am I liable for my spouse's pre-marital debt? A. Yes, and no. Whether you are liable for debts of your spouse depends on what kind of property exists and is available to satisfy a debt. ...
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Why is the date of PHYSICAL SEPARATION legally important?

Q. Why is the idea of 'physical separation' important in California divorce or domestic partnership dissolutions? A. The idea of "physical separation" is one of the most important ...
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What Is a LEGAL SEPARATION in California?

Q. What is meant by "separation" in California, and is legal separation a good idea? A. There are two contexts in which the word separation is used in divorce and family law in California: ...
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What are interspousal FIDUCIARY DUTIES?

Q. I keep hearing the phrase "interspousal fiduciary duties". What does it mean? A. Few areas of California divorce and family law is changing as rapidly, or is having as great an impact ...
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