Posts in Community Property

Apr 08 Does a trust transfer deed change the character of property between spouses in a California dissolution of marriage?

It is settled California law that there are presumptions effecting the characterization of property. Property acquired during the ...

Jun 18 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 ...

Jun 11 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 ...

Jun 06 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 ...

May 31 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 ...

May 21 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 ...