Category Archives: Property Division
Common Property Division Mistakes to Avoid in Divorce in California (2025)
California follows community property laws, which often, but not always, means an even split between spouses. Protecting your rights in a divorce…
Understanding the Financial Impact of Divorce
[caption id="attachment_4718" align="alignnone" width="300"] Key financial considerations to navigate during divorce, from asset division to budgeting for life after separation.[/caption] Understanding the…
Breaking Down In re Marriage of Wiese: A Landmark Ruling on Fiduciary Duty and Statute of Limitations
Breaking Down In re Marriage of Wiese: A Landmark Ruling on Fiduciary Duty and Statute of Limitations The California Court of Appeal…
Is California a Community Property State? CA Community Property Law Explained
When couples in California decide to divorce, a common question that always comes up is how property will be divided between the…
How Divorce Can Affect Your Business
Divorce can be challenging for any couple, no matter their circumstances. It can be particularly difficult if you own a business. Divorce…
Southern CA Divorce: Who Gets What?
Who gets what? This is one of the most contested and complicated issues in any divorce. Whether you’re a typical working-class couple or have…
Court Reverses Reimbursements Based on Separate Property Expenses
In this case, the Third District partially reversed a Sacramento County family court’s judgment. In this marital dissolution proceeding, Martha J. Nevai…
Court Rules that Rejected Deed Made the Marital Home a Community Asset
In this case, the Fourth District affirmed a San Diego County family court’s determination that a wife had “rejected” an interspousal transfer…
Court Finds Forced Sale of House Unenforceable
In this quiet title action, the Second District affirmed a Los Angeles County trial court that held that a trust deed a…
Widow Sues Late Husband’s Children Over Inheritance
In this case, “Frank Gomez and plaintiff Louise Gomez rekindled their love late in life, over 60 years after Frank broke off…
Court Finds that Husband Wrongly Withheld Proceeds of Home Sale
In this case, the Second District affirmed a Los Angeles County trial court’s judgment on property issues. First, the court affirmed the…
Does Bitcoin Need to Be Disclosed in a Divorce?
In this case, filed on August 10 but certified for publication August 27 at the request of ACFLS, the First District affirmed a…
Court Reverses Order Miscalculating Community Property Value
In this case, the Fourth District reversed and remanded a Riverside County trial judge’s determination that the community’s interest in Husband’s separate…
Case Review: Woman Files Claim for Malicious Lawsuit Brought by Former In-Laws
This is a malicious prosecution action brought by Wife against Husband's parents and their company. During Husband and Wife's divorce, the parents…
Case Review: What Happens to Marriage Property in Post-Divorce Bankruptcy?
In re Clifford Allen Brace, Jr. (Cal. Supreme Court, July 23, 2020, S252473) Full text here. Holding: In this case, a California…
Debt in Divorce—What Happens to It?
You’re divorcing or considering divorce. You know that you’ll have to divide your property, but what about debt? How is your debt divided, and…
How Long Do You Have to Be Married to Get Half of Everything in California? 2025
You’ve probably heard mention time and time again of “getting half” of everything in a divorce. But is this really how things work…
Why More SoCal Millennials Are Choosing Prenups
Not too long ago, the thought of a prenuptial agreement was somewhat taboo, or reserved for the extremely wealthy. Today, we’re seeing them more…
Who Keeps the Pet During a Divorce?
For many people, their pets are considered a member of the family. Many couples have an inseparable relationship with their pets and…
What to Do with Your Family Business After a Divorce
After all the hard work and time you've invested in your business, the last thing you want is for it all to…
What is domestic violence? A look at the battered woman (Part 18)
The Battered Woman Unfortunately the unpredictability of the battered woman also manifests in what exactly causes her to leave. Many women leave…
What Makes a Person Abusive? (Part 14)
What makes a person abusive? In addition to the study done by the two researchers which identified two main groups…
Military Pension divided? Not so fast
The United States Supreme Court has just ruled in Howell v. Howell. (May 15, 2017). First the set up. Husband and wife…
Divorce and Student Loans
Going through a divorce is tough on everyone involved - both spouses, any children, and even extended families and friends. Although some…
3 Ways to Sabotage Your Own Divorce
Dealing with a divorce is often a difficult and emotional experience, but it's no time to let down your guard. A devious spouse can…
The Date of Separation? The Struggle Continues
In 2015, the California Supreme Court decided the matter of In Re Marriage of Davis (2015) 61 Cal.4th 846 regarding the determination of the date…
Lawmakers Have Made a Major Divorce Update
In 2015, the California Supreme Court, in Davis v. Davis, ruled that for the purposes of defining separation (which triggers when a debt…
Can I Opt Out Of California Property Division / Support Laws?
Questions regarding property division and support payments are often some of the most confusing issues faced in a divorce proceeding. California is a “community property” state—meaning…
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