Prenuptial Agreements

Prenuptial Agreements

Prenuptial Agreements (prenups) can protect you from your spouse’s debts, determine how your assets are passed on if you should …

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Nonmarital Cohabitation Disputes

Nonmarital Cohabitation Disputes

California does not have a common law marriage statute. No matter how long a couple lives together is a marriage …

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Military Retirement Pay

Military Retirement Pay

In 1981, the United States Supreme Court, in McCarthy v. McCarthy, held that the state courts could not divide federal …

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Is Your Spouse Hiding Assets?

Is Your Spouse Hiding Assets?

One often wonders once a Petition for Dissolution has been filed, or perhaps before it is filed, “Is my spouse …

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Is It Separate Property Or Community Property?

Is It Separate Property Or Community Property?

This was the question in a recent case from First Appellate District that was on appeal from Contra Costa County. …

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Having Your Name On Title To Your Home Is Important

Having Your Name On Title To Your Home Is Important

In a recent case, Marriage of Mathews, husband and wife met in Japan and later married. Thereafter, they purchased a …

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Half The Assets, Half The Business Valuing Your Business In A Divorce

Half The Assets, Half The Business Valuing Your Business In A Divorce

Running your own business can be complicated. Just as complicated if not more complicated is figuring out how to address …

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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 Considerations if You’re 55+

Divorce Considerations if You’re 55+

The divorce rate has doubled for adults aged 55 to 64 since the 1990’s, according to the National Center for …

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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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