Recent Posts in Tracing Issues Category
Posted on Feb 12, 2017 By Thurman W. Arnold
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 ...
Continue reading "Can Spouses Be Found to Have Gifted Their Share in Community Property to the Other? Problems Affecting SP Residences." »
Posted on Jan 6, 2014 By Michael C. Peterson, Esq.
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 ...
Continue reading "Do I Have to Return THE ENGAGEMENT RING If We Don't Marry Or If We Later Divorce?" »
Posted on Aug 6, 2013 By Thurman W. Arnold, III C.F.L.S.
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 ...
Continue reading "A REVIEW of the Top California Marriage Based FIDUCIARY DUTY STATUTES" »
Posted on Mar 12, 2013 By Thurman Arnold, III, C.F.L.S.
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, ...
Continue reading "WEBCAM Divorce and (SECOND OPINION) Family Law Consults!" »
Posted on Feb 6, 2013 By Thurman Arnold, III, C.F.L.S.
Q. I am representing myself in my divorce. My husband is self-employed. I know he earns more than he claims. We have two children, and I haven't worked in seven years. I feel so stupid now, but I ...
Continue reading "What Should a PRODUCTION DEMAND Request for SUPPORT Purposes? (Part 1)" »
Posted on Oct 9, 2012 By Thurman Arnold, CFLS
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 ...
Continue reading "The Ten Biggest Mistakes People Make That Impair Their Rights Upon Divorce" »
Posted on Mar 2, 2012 By Thurman Arnold, III, C.F.L.S.
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 ...
Continue reading "How Are BUSINESSES Owned Before Marriage DIVIDED In Divorce?" »
Posted on Feb 26, 2012 By Thurman Arnold
Q. If I put my wife on TITLE to my RESIDENCE does she get half if we DIVORCE? A. If you place your wife on title for any reason you run the risk that in the event of later divorce she will have some ...
Continue reading "What Happens If I Place My Wife's Name On Title to My Home and We Later Divorce?" »
Posted on Feb 23, 2012 By Thurman Arnold
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 ...
Continue reading "What Happens In Divorce When One Spouse Owned A Residence At the Date of Marriage?" »
Posted on Jan 9, 2012 By Thurman Arnold
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 ...
Continue reading "If DATE OF SEPARATION Is Contested, What Do Courts Look At?" »
Posted on Aug 16, 2011 By Thurman Arnold, CFLS
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 ...
Continue reading "Marriage of MARGULIS - Fiduciary Duties of MANAGING SPOUSES" »
Posted on Aug 15, 2011 By Thurman W. Arnold, C.F.L.S.
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 ...
Continue reading "IRMO MARGULIS - Managing Spouse Has BURDEN OF PROOF To Explain MISSING ASSETS" »
Posted on May 23, 2011 By Thurman Arnold, CFLS
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 ...
Continue reading "FORM OF TITLE Trumps COMMUNITY PROPERTY PRESUMPTION Where Life Insurance Is An Asset in DIVORCE" »
Posted on Dec 19, 2010 By Thurman Arnold
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 ...
Continue reading "What Are TRACINGS In California DIVORCE Proceedings? Tossed Salad and Mixed Vegetables!" »
Posted on Oct 11, 2010 By Thurman Arnold
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 ...
Continue reading "What does "COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP" Mean?" »
Posted on Jan 7, 2010 By Thurman Arnold, III
Q. My wife and I separated in June 2009. When we purchased our home in March of 1998 (married December 1994), she used part of an inheritance from her grandmother to help with the down payment. I have ...
Continue reading "My wife she used her INHERITANCE to buy our home. We are getting divorced." »
Posted on Aug 20, 2009 By Thurman Arnold
Q. Can you please help. I understand a Moore-Marsden analysis needs to be performed on my house in my pending divorce, but I don't understand what it is my attorney is telling me. These are the ...
Continue reading "Can you give me a MOORE MARSDEN Analysis on My SEPARATE PROPERTY HOME?" »