You and your spouse own a home together. One of you wants to buy the other out to divide the community property equally. How do you determine the house value in divorce and calculate the equalization payment? If you negotiate a marital settlement agreement or stipulated … [Read more...]
Who pays the student loans in divorce in California?
Unless it would be “unjust," or a married couple otherwise agrees in writing, California Appellate court's have held that, a spouse's student loans "must be assigned for payment to the spouse who obtained the education or training." (California Family Code Section 2627) But, if … [Read more...]
Should you kick your judge off the bench (aka recuse)?
Good judges are patient, respectful and put aside their personal beliefs when considering evidence and making rulings. Biased judges let their beliefs unfairly prejudice their decisions. If you may be disadvantaged by the beliefs of the California family judge assigned to … [Read more...]
Can residency change the outcome of a divorce?
You live in Marin and your spouse is in San Francisco. Where should you be filing divorce? Are there advantages to choosing one venue over the other? Each state has unique residency requirements. If a person wants to file a lawsuit in a state family court, residency … [Read more...]
Preparing for a divorce in California
Ending a marriage is a monumental undertaking. It requires two people to make a million choices and take a zillion steps to deconstruct a marital estate and build two new homes from the ground up. In the worst case scenarios where spouses rage or will undoubtedly wield … [Read more...]
How to make a decision about selling your house in divorce
Selling your house in divorce is rarely easy. But making the decision to keep or sell may be easier, at least from a financial viewpoint, if you use these suggestions as a starting point for your decision-making process. 1. Know your real bottom line. Real estate agents may … [Read more...]