Gifts Between Spouses: When Is A Gift Not Really A Gift?

Gifts Between Spouses: When Is A Gift Not Really A Gift?

Are gifts given during marriage considered community or separate property at the time of divorce? For example, if I purchase …

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Full Pension Benefit Restores After Death Of Alternate Payee

Full Pension Benefit Restores After Death Of Alternate Payee

The case of Rich v. Southern California IBEW held that upon the Alternate Payee’s death, the retiree will receive the …

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Fraudlent Transfers And Marital Property Settlements

Fraudlent Transfers And Marital Property Settlements

In the case of Mejia v. Reed, 2002 DJDAR 3455 the Court of Appeal for the Sixth Appellate District concluded …

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Family Law’s Perspective on Estate Planning

Family Law’s Perspective on Estate Planning

My oldest sibling, my sister, passed away two years ago. She did not leave a large estate, but even more …

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Do I Still Own My Home?

Do I Still Own My Home?

An interesting situation develops when during a marriage the spouses take the title of their real property and, for whatever …

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Divorce and the Family Home

Divorce and the Family Home

For the spouse who wants to keep the family home, it is a sanctuary. For the spouse who wants to …

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Divorce and Retirement – Options For Your 401k Plan

Divorce and Retirement – Options For Your 401k Plan

Divorce presents many financial challenges. If you’ve acquired significant 401k funds during marriage, your retirement account may be at the …

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Dividing Pensions and Retirement Assets

Dividing Pensions and Retirement Assets

Under California’s community property guidelines, the Family Law courts are to divide all assets and debts of the marriage equally …

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Determining If Property Is Community Is Not Always So Easy

Determining If Property Is Community Is Not Always So Easy

Under Family Code, Section 760, generally, property that is acquired during marriage is considered community property. This is a pretty …

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Designating Successors

Designating Successors

A California appellate court has ruled on whether a non-participant spouse can transfer their community property interest in undistributed retirement …

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