It’s a common scenario dealt with in divorce cases in which one party signed a quitclaim to the other party during the marriage, for the purpose of refinancing an item of property (usually a residence). Either they are told by the...
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Pension and retirement accounts (401K’s, IRA’s, etc.) are community property to the extent they were earned and/or contributions were made during marriage. The community interest in these retirement accounts can be divided by either...
A small business interest is a typical asset to be dealt with in a dissolution (divorce) proceeding, particularly in medium- to high- income-bracket divorces. In almost every field of law, a person will encounter the “general law” on an issue...
There are BIG changes coming to family law courtrooms that every litigant needs to be aware of. And we all have Mr. Elkins to thank (tongue in cheek)… Taken directly from the published case of Elkins v. Superior Court (2007) 41 Cal.4th 1337, in...
This recession is looming longer than predicted. Its now “predicted” to last until at least 2012. It is very common during this economic downturn to have issues of divorce include negative equity in homes, job losses, major losses to stock...
In California, an alternative to marriage exists in the form of a Domestic Partnership. Only two classes of people can register as domestic partners: 1) Those of the same sex that are at least 18 years of age; and 2) Those of the opposite sex...
On occasion, a party to a divorce proceeding that is still pending will die by legitimate means. When this occurs, it can amount to a windfall for the other spouse and it can leave children from previous marriages out in the cold and very...
On June 26, 2015, the United States Supreme Court (SCOTUS) held, in a slim 5-4 decision, that same-sex couples can marry in any state of the union and enjoy the same rights as any other heterosexual married couple. Their reasoning is, in part, as...
In order to get a court order in California that pertains to child custody, child visitation, support, or any other related issue, you must first give the state of California jurisdiction over the subject and over the people involved. For purposes...
In California, there are statutes (laws) that impose fiduciary duties on married people. These fiduciary duties require married people to behave in certain ethical ways with regard to one another and these duties are in effect upon marriage and...
