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Recent Posts in Property Division Category

  • 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 and then subsequently transferred it to a trust. In this case, husband had bought a condominium with community funds that were acquired during the marriage. He convinced his wife to sign an ...
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  • What are the recent developments in military pensions and the parties' various elections to collect these pensions?

    In Howell vs. Howell, the U.S. Supreme Court unanimously held that (a) state court may not order a veteran to indemnify a divorced spouse for the loss in the divorced spouse’s portion of the veteran’s retirement pay caused by the veteran’s waiver of retirement pay to receive service-related disability benefits. This Court’s decision in Mansell v. Mansell , 490 U. S. 581, determines the outcome ...
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  • How Does The Date of Separation Affect My Property Rights in My California Family Law Case?

    As a general rule, all assets/accumulations and debts/liabilities acquired during the marriage are community property subject to equal division on legal separation or divorce. For example, if you deposit your salary during your marriage, that salary is considered community property and one half of that salary belongs to your spouse. Similarly, if you incur a debt on your credit card for the ...
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  • Determining the Date of Separation

    How does the Court currently determine the date of separation in a California family law action? A recent case came down that drastically changed the criteria for determining what the appropriate date of separation is. Previously, had parties objectively acted in such a way that showed others that they were living separate and apart (opening separate bank accounts, filing separate tax returns ...
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  • Wedding Rings & Divorce

    When I get divorced, do I get to keep my wedding ring? In the alternative, if I get divorced, can I get the wedding ring back from my spouse? A frequently asked question that is often raised by clients in the dissolution process is whether I can either keep my wedding ring or get the wedding ring back from my spouse. The answer is quite simple, if a wedding ring is given to fiancée and the ...
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  • What is a Transmutation of Property in a California Dissolution Proceeding?

    In simple terminology, a transmutation is the changing of title to property from separate to either community or separate property (of the other party) or changing the title from community property to the separate property of either party. An express writing is required and there must be an express declaration acknowledging the change in character in unambiguous terms by the party whose interest ...
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  • How to Ensure You Are Get What's Yours During a Divorce

    Do I have any right to my spouse’s property acquired prior to our marriage? A Marvin action requires the proving of a written contract or implied, oral contract that property acquired prior to marriage would be equally divided. Generally hard cases to win and depend heavily on the facts of each case. However, if successful, a party may change the character of property from separate property to ...
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  • How are pension rights/credits determined in a Ca Family Law case?

    A spouse’s use of community funds during the marriage to purchase military service credit in CalPERS makes the service credit community property even though the spouse’s military service was completed before the parties married. In a recent case, IRMO Green (2012) H served in the USAF for four years ending in 1986. In 1989, he began working as a firefighter in Dublin. The department was a ...
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  • How do I change the character of property acquired during the marriage?

    How do I change the character of property during my marriage? All assets acquired during the marriage are presumed community property subject to an equal division upon dissolution or legal separation. However, spouses may change property from community to separate or from separate to community property be entering into a transmutation agreement. However, to enter into these agreements, certain ...
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  • Fiduciary Duties in California Family Law Cases

    When one spouse to a marital dissolution case is the managing spouse responsible for the parties' resources (bank accounts, rental icome etc.), that spouse owes a fiduciary duty to the other spouse to account for these funds. Earlier this year in the MARGUILIS case, the parties were married for a period of 33 years followed by a 12 year separation prior to filing for divorce. Husband managed the ...
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