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Community Property

Divorce Confidential: The Fight for the Family Residence

Caroline Choi | Posted 04.24.2015 | Divorce
Caroline Choi

Many divorcing couples stay in the family residence and live together pending the finalization of the divorce. While this might make sense for some families, it also creates an environment of stress and tension, not only for the divorcing couple, but also for the children.

For Artists, Divorce Means Splitting Up the (Art) Assets

Daniel Grant | Posted 05.03.2015 | Arts
Daniel Grant

For the artist, but just as much for the spouse -- particularly if there are ongoing financial interests between the two or children who will need to be supported -- the goal must be to maintain the art career with as little interruption as possible.

Lawyer Paternalism Is A Very Serious Problem

Mark Baer | Posted 03.20.2015 | Divorce
Mark Baer

The "temporary incompetence" of clients due to their emotional state and the attorneys' paternalistic attitude toward clients create a lack of understanding on the part of both the attorney and the client. This is the legal equivalent of a ship that hits rocks, runs aground, veers off course, and possibly sinks.

Will Your Kids Inherit Your Debt?

Jason Alderman | Posted 11.03.2014 | Money
Jason Alderman

The short answer is, not in most cases. But there are situations where someone could be legally responsible for paying off your bills after death. Plus, aggressive creditors have been known to coerce heirs into paying off debts for which they're not responsible, just to be left alone.

Why Where You Divorce Matters: Equitable Distribution vs. Community Property

David Centeno | Posted 10.28.2013 | Divorce
David Centeno

Where you divorce matters. Each state has its own unique rules governing the allocation of assets during the divorce process, and these rules can vary significantly.

Lessons I Learned From My Parents: Part IV

Mark Baer | Posted 10.26.2013 | Divorce
Mark Baer

The next lesson I learned was that the concept of the 'evil stepmother' developed for good reason. Unfortunately, there is an inherent conflict of interest between a new spouse and children from a prior marriage or relationship.

Q-and-A for Same-Sex Couples About to Get Married: The Legal Ramifications

Fred Silberberg | Posted 09.16.2013 | Gay Voices
Fred Silberberg

Marriage equality is now the law in the most populous state, California, but there are considerations unique to our state's community property system of which people may not necessarily be aware. The following Q-and-A raises some of those issues.

The Law Is a Baseline and Nothing More

Mark Baer | Posted 08.10.2013 | Divorce
Mark Baer

Consider the impact of a family systems and service based approach, meaning that there are value-added inputs being offered to the families, rather than merely a brokering of deals.

Everything Is a Matter of Perspective

Mark Baer | Posted 08.03.2013 | Divorce
Mark Baer

In the event that you will end up paying spousal or child support to your spouse in the divorce generally means that you were already paying them such support during the course of your marriage.

The Surprising Fact About Valentine’s Gifts Post-Divorce

Warren R. Shiell | Posted 04.16.2012 | Divorce
Warren R. Shiell

As a divorce lawyer in California, I hate to rain on your parade, but if you received an expensive diamond necklace from your husband, the law may not treat it as a gift if you ever get divorced.

How Marriage Counseling May Sabotage Your Divorce

Tara Fass | Posted 01.08.2012 | Divorce
Tara Fass

You must consider the possibility that your spouse may employ counseling as a nefarious strategy to get a financial edge by manipulating the date of separation.

The Ins And Outs Of Community Property

Stacy D. Phillips | Posted 12.15.2011 | Divorce
Stacy D. Phillips

When you think of Community Property, do the words "half of everything" come to mind? No so fast! In fact, this is not always the result even when a...

Top 10 Reasons To Get A Prenup

Fred Silberberg | Posted 05.30.2011 | Divorce
Fred Silberberg

While not the most romantic of topics, prenuptial and cohabitation agreements have become increasingly important for couples planning to marry or live...

Are California's Divorce Laws Draconian?

Laurie Israel | Posted 05.25.2011 | Divorce
Laurie Israel

In the US, every state has a different set of divorce laws about distributing assets between ex-husband and ex-wife. So if you get divorced in Califo...

How To Divorce-Proof Your Business: The Prenup

Jeffrey A. Landers | Posted 05.25.2011 | Divorce
Jeffrey A. Landers

A prenuptial agreement is a contract signed by both parties before their wedding that details what their property...

How To Divorce-Proof Your Business: The Basics

Jeffrey A. Landers | Posted 05.25.2011 | Divorce
Jeffrey A. Landers

Part 1 in an ongoing series about keeping your business assets safe in the event of divorce. When people get married they are all hoping for the "ha...