Is the house community property under California community property law? This is a question people ask while negotiating prenups, post-nuptial and transmutation agreements, or navigating legal separation, divorce, or the dissolution of a domestic partnership. Bankruptcy and other … [Read more...]
Who will keep the house in a California divorce?
"Who will keep the house in a California divorce" is a pivotal question. At times, it's easily answered because neither spouse can afford or wants to keep the house. More often, it's a confounding question that spouses must examine from multiple perspectives. How does a couple … [Read more...]
Did your spouse acquire a community property interest in your separate property home? (Moore-Marsden)
You owned a home before marriage. You used salaries, bonuses, commissions, or other income that you or your spouse earned during marriage to pay the principal on loans that were used to acquire the house and are secured by the property. You don't have a prenuptial or postnuptial … [Read more...]
Are gifts and inheritance separate property under California community property law?
You received gifts and inheritance during the marriage while you were domiciled in California (post-1975). Now you want to know, are the gifts or inheritance separate property under California Community Property law? Property acquired during marriage by gift, will, or … [Read more...]
How to determine the house value in divorce
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...]