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Category Archive for: ‘Community property’
Home » How One California Court Oddly Dealt With A Home Buy-Out and the Real Estate Crash » Blog » Community property

How One California Court Oddly Dealt With A Home Buy-Out and the Real Estate Crash

Posted in: Blog, Community property, Family law procedure, General divorce information, John Harding|August 21, 2012No Comments

Here is a real head scratcher of a decision out of Los Angeles County.  It is an unpublished opinion so it cannot be cited as precedent.  The big complaint from the court is the inadequacy of the record on appeal.  Had the appellate court been provided with all of the records for the case the …

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A Divorce Judgment Is A Money Judgment

Posted in: Blog, Community property, Family law procedure, Property division|July 10, 2012No Comments

Susan and Lee got divorced.  The 1985 judgment dissolving the marriage found their residence to be community property, and ordered that Susan receive half the proceeds of the sale of the residence, less costs of sale and an existing encumbrance.  Although the judgment directed Susan and Lee to cooperate in listing and selling the residence …

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Who Gets Disability Benefits

Posted in: Blog, Community property, Property division, Separate property|June 13, 20122 Comments

An unpublished opinion from Ventura County helps us to understand who gets disability benefits at divorce. Robert and Victoria married in 1978.    In 1989 Robert bought a disability policy from Unum Insurance.  The couple separated in 2004.  Simultaneously Robert went on disability.  By the time the case went to trial, the monthly disability benefits payable …

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Loan Secured By Separate Real Property Is Separate

Posted in: Blog, Community property, Property division, Separate property|May 16, 2012No Comments

An unpublished opinion out of Marin County gives us a nice refresher on characterization of a second mortgage taken against a spouse’s separate real property. Vincent owned a home in Petaluma.  It was his separate property because he owned it before his marriage to Michelle. During marriage the parties took out a second mortgage with …

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It Either Is Or Is Not A Pre-Nup

Posted in: Blog, Community property, General divorce information, Property division|April 19, 20121 Comment

Jeanne and Michael were planning their nuptials.  There was only one problem.  Jeanne had a child (not Michael’s) that was a ward of the State.  Jeanne and Michael were worried that once they were married the State might try to go after Michael’s assets for reimbursement of costs for the child. Michael and Jeanne paid …

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How The Marital Estate Gets An Interest In a Spouse’s Business

Posted in: Blog, Community property, Property division|December 19, 2011No Comments

Jay founded Alacer in 1972.  He married Ymelda in 1988.  Jay transferred all of his Alacer stock into a trust in 2000.  The parties started their divorce in 2001.  Jay died in 2003.  The case has been working its way throught the courts for ten years, and includes many related actions.  Eventually the trustees of …

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