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Recent Posts in Community Property Category

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Can Spouses Be Found to Have Gifted Their Share in Community Property to the Other? Problems Affecting SP Residences.

Community Property Gifts to the Separate Property of the Other Spouse When the community estate pays money towards the separate property assets or expenses of the other spouse, is it always entitled ...
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Simplified Overview of How Property Rights Are Determined In Divorce | Dividing Community and Separate Property

Thurman's Best Attempt At a Simple Outline of the Divorce Process - Issues Involving Money Many people bump into the Enlightened Divorce Blog™ while trying to figure out how to handle, ...
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Second Opinion Divorce and Family Law Consults Offered in January, 2017 At An Experimental Fixed Rate!

Want a California Divorce or Family Law Second Opinion On Your Pending or Soon to Be Filed Case from Expert and Experienced Family Law Attorneys? ~ Please Don't Blow Yourself Up ~ I've decided ...
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The Date of Separation Wars Continue - Will New Family Code Section 70 Abrogate Marriage of Davis?

The Uncertain Landscape of Date of Separation in California Divorce - New Family Code Section 70 My colleague, attorney David C. Stone of Anaheim, recently brought to my attention Senate Bill 1255 ...
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Magnitude 8.1 Earthquake Rocks California Laws Governing Date of Separation - Meet Marriage of Davis!

California Divorce Laws Rocked by Seismic Shift In Defining Date of Separation ! Marriage of Davis (7/20/15) [Click to Read] By T.W. Arnold III, CFLS In what is possibly its most shocking family law ...
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Discreet California DIVORCE ANALYSIS Consults for Mediators and Out-of-State Attorneys

California Family Law Consults for Lawyers and Non-Lawyer Mediators I have for a number of years made myself available to provide detailed second legal opinions involving a wide range of California ...
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Can My Wife LEASE OUT Our Rental Property Without My CONSENT?

Q. I am recently separated, but neither my wife nor I have filed anything with the Court. I just learned she renewed the lease for a rental property we own in Joshua Tree, without my consent. I ...
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We've Updated Our Sample 'STATEMENT OF DECISION' California Family Law Portal With Most of these Forms You'll Need!

Sample and Exemplar Statements of Decision in California Dissolution and Non-Marital Family Law Cases We've just uploaded six new templates for tentative rulings and sample statements of decision ...
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I Intend to File for Divorce in Joshua Tree - Do You Have Any Insights About the Judges and the Local Rules?

Family Law In Joshua Tree: Some Pointers and a Brief Overview By: Michael C. Peterson, Esq. I have had the pleasure of litigating and settling many family law cases in the Joshua Tree courthouse over ...
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Donald Sterling and His Wife Rochelle: The L.A. Clippers, Racism, and a Grounded Application of California Family Law Principles

Donald and Rochelle Sterling, the LA Clippers, and California Family Law: A Statutory Analysis of Their Looming Divorce By: Michael C. Peterson, Esq. The Background Everyone who watches the networks ...
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Is a "Book of Business" of a Professional Person, Established During Marriage, a "Divisible" Community Property Asset?

Q. Having run out of money, I have been representing myself for about two years. The current issue before the court is the petitioner’s motion for alternate date of valuation filed with regard ...
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Do I Have to Return THE ENGAGEMENT RING If We Don't Marry Or If We Later Divorce?

Q. I was given a beautiful and expensive diamond engagement ring by my fiancé. Now he says we shouldn't get married after all and he has demanded I return it! What are my rights? I ...
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A REVIEW of the Top California Marriage Based FIDUCIARY DUTY STATUTES

What Are the Key California Fiduciary Duty Statutes, and How Are They Applied ? Part I - Introduction to Fiduciary Duties Given the large number of reversals of fiduciary duty claims at the trial ...
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Marriage of Facter: Best Practices for Drafting California Premarital Agreements Waiving or Limiting Spousal Support

Marriage of Facter : Appellate Court Clues About Unconscionability of Spousal Support (and Other) Waivers in Prenups at Time of Enforcement By TWA III The lawyers among you will know that California ...
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RED FLAGS That Imply Your SPOUSE May Be PLANNING To CHEAT You!

Red Flags That Your Spouse May Be Planning To Cheat You In a Divorce ! Experienced divorce lawyers and forensic CPAs know a few things about suspicious conduct that might escape your attention as it ...
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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? There is an important concept under California Law ...
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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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Attorney Michael C. Peterson Speaks About FINANCIAL TRANSPARENCY (Before and Once Divorce Happens)

Advice for Couples in 2012, Including How to Balance Power in Your Marriage ! One of the most common problems I see arising in (and sometimes leading to) any divorce action is a lack of financial ...
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Marriage of MARGULIS - Fiduciary Duties of MANAGING SPOUSES

Marriage of Margulis, Part 2 - Duties of Managing Spouses Please see Part I of my evaluation of IRMO Margulis as the launching point for understanding the appellate court's outline of interspousal ...
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IRMO MARGULIS - Managing Spouse Has BURDEN OF PROOF To Explain MISSING ASSETS

An Explanation of CA Fiduciary Duties! 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 ...
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I Am Filing for Divorce and Believe My Spouse is Hiding Funds in a SAFE DEPOSIT BOX. What Can I Do?

Q. I intend to file for divorce shortly, but believe my spouse has placed a significant amount of cash in a safe deposit box. Any recommendations on how I might keep that money from disappearing? ...
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