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Recent Posts in Separate 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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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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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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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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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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WEBCAM Divorce and (SECOND OPINION) Family Law Consults!

Second Opinion 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? 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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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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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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What Are TRACINGS In California DIVORCE Proceedings? Tossed Salad and Mixed Vegetables!

Q. My attorney has used the word "tracings" several times when talking about how to figure out my community interest in property in my divorce, and I really don't understand how this ...
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Are STOCK OPTIONS COMMUNITY PROPERTY?

Q. How are stock options treated if I decide to dissolve my marriage? A. Stock options are commonly used to attract or retain key employees with incentives outside the basic salary structure. Whether ...
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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? What Are Requests for Admission? Requests for Admission ("RFA's") can be a useful discovery tool in family law ...
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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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