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Recent Posts in Real Property Issues Category

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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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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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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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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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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Are WORKER'S COMPENSATION BENEFITS Community Property? Yes and No!

Q. Are worker's compensation benefits received during marriage community property and so subject to division in dissolution proceedings? Dividing Worker's Comp Benefits in Divorce Marriage of ...
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Our Disso is Final But We Never Changed the JOINT TENANCY DEEDS. My Ex Just DIED.

Q. I just found out that my ex-partner passed away last week. Our partnership disso became final six months ago. We had agreed to hold some commercial property jointly until the real estate market ...
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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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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 Can I Be Sure a Court Will Enforce My AGREEMENT Reached With My Spouse OUT OF COURT?

Q. My wife and I reached some agreements about support and property division in our divorce. Neither of us have attorneys. I want to write something up that is enforceable. Is there anything I should ...
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What METHODS are used for VALUING BUSINESSES in divorce?

Q. I own a business that I began shortly after marriage. Now I am getting divorced. Is this community property even though my partner never worked the business, and if it is what methods might be used ...
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When are ASSETS VALUED for purposes of DIVISION in a California DISSOLUTION?

Q. My wife and I separated two years ago and we have decided to divorce. We don't agree on the date we should use to value some of our property, like the home where she's been living in with ...
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