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Recent Posts in Fiduciary Duties in Divorce 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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Understanding What Underlies Family Code Section 721 | Fiduciary Duty Obligations Upon Marriage

Family Code Section 721 | The Starting Point for All Interspousal Fiduciary Duty Analysis in Divorce! In financial transactions between spouses (so-called "interspousal transactions"), or ...
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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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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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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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I Received the Husband's PRELIMINARY DECLARATION OF DISCLOSURE But It Omits to VALUE Any Asset. Is This Proper?

Q. I am an attorney practicing in San Bernardino. I represent the wife in a dissolution action we filed and served a little more than 60 days ago. I recently received from opposing counsel her ...
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I Owe My Attorney $100,000 and She Is Reluctant to File a Breach of Fiduciary Duty Motion for Me - Should I Go It Alone?

Hi Mr. Arnold, I am in a very contentious divorce. Long story short: had a 7 day bifurcated trial on date of separation while judge refused to schedule a hearing for attorney fees before and during ...
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SANCTIONS for Failure to Disclose SEPARATE PROPERTY As Breach of Fiduciary Duty - Marriage of Simmons

Marriage of Simmons (April 18, 2013) 215 Cal.App.4th 584 Q. Does a spouse have the obligation to disclose separate property assets in the course of a dissolution proceeding and, if so, what are the ...
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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 Kahn - Self-Represented Parties, Discovery Sanctions and Indio Divorce Attorneys

Marriage of Kahn (2013) 215 Cal.App.4th 1113 - Don't Think You Can Get Away With Discovery Game Playing By Becoming Self-Represented! Or "How to Avoid Divorce Trance for Lawyers Who Represent ...
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Marriage of Georgiou: The Time To File Fiduciary Duty Set Aside Motions Is Limited!

Marriage of Georgiou and Leslie: If Your Attorney(s) Fails to Ask the Right Questions, and You Have Some Information About the Nature of a Potential Community Property Asset, You Had Better Act Fast! ...
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I Am UNHAPPY With The FAMILY COURT'S RULING. What Can I Do?

TIPS FOR CHALLENGING TRIAL COURT RULINGS: AN OVERVIEW OF NON-APPEAL MECHANISMS, AND THEIR GROUNDS AND PROCEDURES So you have been given a decision in your case and you don't like all or part of ...
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Important Family Code Section 2104 Amendment for 2013!

PDD'S Must Be Exchanged Within 60 Day's of Each Party's Appearance in a Dissolution, Legal Separation, or Nullity Action Effective January 1, 2013, Family Code section 2104 has been ...
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Divorce and Family Law HORROR STORIES - How the System Is Broken! SHARE Yours With Us?

Share Your Family Law Horror Story ? I want to thank all of you who write me about the difficult circumstances and horror stories surrounding your divorce and other family law matters, both in and out ...
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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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Can I CONTINUE My DIVORCE TRIAL?

Q. My divorce trial is scheduled for next month. I want to change attorneys - will the case be continued to give a new attorney enough time to prepare my case correctly? Trial continuances are ...
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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 POSTSCRIPT: On ...
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Marriage of Davenport: Trial Court SANCTIONS Wife Under FC Section 271 for Her ATTORNEYS' "UNBRIDLED AGGRESSION" In Family Court Proceedings!

A Shifting Judicial Response to Overzealous Advocacy: Excessively Exuberant and Inflammatory Litigation Tactics Will Not Be Tolerated in California Marriage of Davenport (2011) 194 Cal.App.4th 1507 In ...
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Marriage of Fong | 271 SANCTIONS | Burden to Prove Ability to Pay

I've recently blogged the 2nd Appellate District's March 3, 2011 decision in Marriage of Fong (2011) 193 Cal.App.4th 278 as it pertains to each party's obligation to comply with Family ...
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SANCTIONS For Failure to Complete the FINAL DECLARATION OF DISCLOSURE

The Preliminary Declaration of Disclosure I've recently blogged the importance of complying with Family Code section 2103 and section 2104, which obligate both parties to a pending dissolution, ...
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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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What do I do if my spouse or domestic partner does not complete their DECLARATION OF DISCLOSURE?

Q. What do I do if the other party to a divorce or dissolution of domestic partnership proceeding refuses to file their Preliminary Declaration of Disclosure? A. Declarations of Disclosure must be ...
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