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Recent Posts in Property Division 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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Divorce and Family Law Second Opinions | Best Second Opinion Feedback Supporting Attorneys and Their Clients!

Family Law and Divorce Case Second Opinions - New Paradigm for 2017! Thurman Arnold III introduced the second legal opinion for dissolution and non-marital family law cases on this website about 10 ...
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Michael C. Peterson Named As a 2017 Super Lawyers "Rising Star"!!!

Michael C. Peterson, CFLS, Named As a 2017 Super Lawyers™ Rising Star! I am so pleased and proud to announce that Michael Peterson has received the honor of being named as a Thomson Reuters ...
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Overview of Procedure and Process in Divorce, From the Initial Petition Filing to Judgment

What Is the Divorce Process From Initial Petition Filing, to Requests for Temporary Orders, to Judgment and the Conclusion of the Case? My goal is to empower and introduce you, the legal consumer, ...
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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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Marriage of Murchison - Can I Disqualify My Spouse's Attorney?

REQUIREMENT OF "STANDING" TO DISQUALIFY OPPOSING DIVORCE COUNSEL Feel like the other party’s attorney has been unethical in your divorce case and want them disqualified from hassling ...
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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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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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I Am Recently Divorced, and Didn't Handle Our Marital Finances. Can You Give Me Any INVESTMENT ADVICE and What About GOLD?

Q. I divorced last April, and received a significant amount of money in our divorce settlement. I have two daughters, ages 15 and 19. What are your thoughts about investing the money that was my share ...
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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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Announcing Our New SAMPLE Attorneys' Divorce and Family Law Library!

New: Sample and Exemplar Forms For Drafting Pleadings and Discovery in Marital Dissolution and Family Law Cases in January, 2014 we began cobbling together a form library containing selected pleadings ...
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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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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 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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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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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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My Husband Is Living In Our Home - Doesn't He Owe Something For This?

Q. I left my husband two years ago, after much verbal abuse. He has been living in our family home, while I've been forced to stay with our adult daughter. Doesn't he owe me something for ...
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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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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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