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Recent Posts in Tracing Issues Category

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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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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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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What Should a PRODUCTION DEMAND Request for SUPPORT Purposes? (Part 1)

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 ...
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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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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 If I Place My Wife's Name On Title to My Home and We Later Divorce?

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 ...
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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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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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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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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 wife she used her INHERITANCE to buy our home. We are getting divorced.

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 ...
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Can you give me a MOORE MARSDEN Analysis on My SEPARATE PROPERTY HOME?

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 ...
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