Category Archives: Property Division

Property Division
Sep 15

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…

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Sep 10

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…

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May 04

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…

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Mar 02

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…

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Feb 23

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…

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Feb 09

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…

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Oct 28

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…

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Oct 05

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…

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Sep 17

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…

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Sep 14

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…

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Aug 20

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…

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Aug 05

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…

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Jun 17

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…

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Apr 15

Divorce in California: How Long Do I Have to Be Married to Get Half of Everything?

How Property Is Divided in a Divorce in California You’ve probably heard mention time and time again of “getting half” of everything…

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Mar 18

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…

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Aug 26

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…

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Nov 19

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…

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Nov 12

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…

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Oct 23

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…

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May 15

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…

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Mar 16

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…

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Mar 01

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…

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Feb 28

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…

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Aug 05

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…

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Jul 06

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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