Blog Posts in Community Property

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  • Are military disability benefits considered community property in a California divorce?
    Are military disability benefits considered community property in a California divorce?

    Although this was not the primary issue in a recent case, it did shed some light on both this issue and a related issue. In re Marriage of Chapman (9-27-16), the court re-iterated that although ...

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  • If I have a joint account with my spouse and my spouse passes away, does the remaining funds go in our account go to the surviving spouse or the deceased spouse's decedents?
    If I have a joint account with my spouse and my spouse passes away, does the remaining funds go in our account go to the surviving spouse or the deceased spouse's decedents?

    This very issue was addressed in a recent case by the name of Estate of O'Connor (10-13-17). In this case, the court was discussing if whether the left-over sums in a joint banking account go to the ...

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  • If my spouse requests that I sign a inter-spousal transfer deed or quit claim deed under the promise that I will later be added to title, what are my rights?
    If my spouse requests that I sign a inter-spousal transfer deed or quit claim deed under the promise that I will later be added to title, what are my rights?

    Although there are many issues of transferring property be deed during a marriage, a recent case, IRMO Yeh v. Tai (12-21-17) dealt with the issue of a deceased ex-husband removing the wife from title ...

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  • If my spouse loses money in the stock market, can I recoup the money that was lost in a California divorce case?
    If my spouse loses money in the stock market, can I recoup the money that was lost in a California divorce case?

    Yes. A recent case , IRMO Kamgar (12-8-17), found that if one of the spouses in a marriage wants to trade stocks that they need to have previously disclosed it to their spouse as well. In this case, ...

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  • Are there timing requirements for entering into a prenuptial agreement in California?
    Are there timing requirements for entering into a prenuptial agreement in California?

    Yes. A recent case, Clarke v. Akel (1-24-2018), the court found that just because a party puts in writing in the premarital agreement that both parties have had 7 days to review the agreement, that if ...

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