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Community & Separate Property > POSTS

Pre-Nuptial Agreement Drafted by Husband Not Enforceable Against Him Because He Didn't Have an Attorney & Seven Days to Review It


Pre-Nuptial Agreement Drafted by Husband Not Enforceable Against Him Because He Didn't Have an Attorney & Seven Days to Review It
A California Court of Appeals has ruled that a pre-nuptial agreement initially drafted by Husband, but later revised by Wife’s attorney, is not enforceable against Husband, who was not..
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Husband Investing Community Funds Without Telling Wife Breached His Fiduciary Duty to Her


Husband Investing Community Funds Without Telling Wife Breached His Fiduciary Duty to Her
A California Court of Appeals has ruled that a Trial Court was not wrong when it concluded that Father breached his fiduciary duty to..
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New Law Defines Date of Separation in Divorce Cases


New Law Defines Date of Separation in Divorce Cases
Governor, Jerry Brown, has signed California Senate Bill 1255 which defines date of separation in divorce cases. This new Legislation will be effective January 1, 2017, and will apply..
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Spouses Can be Convicted of Theft from Their Spouse


Spouses Can be Convicted of Theft from Their Spouse
In the case of People vs. Aguilera, a California Court of Appeals has ruled that one spouse can be convicted of robbing the other spouse of community property on..
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Must Report Joint Income on Separate Returns


Must Report Joint Income on Separate Returns
U.S. Tax Court has ruled that Wife must report half of the community property income from partnership that Husband started post-separation with community property funds on her separate federal..
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Divorce Court Can Issue Non-Compete Orders


Divorce Court Can Issue Non-Compete Orders
A California Court of Appeals has ruled that a Trial Court that awards community property business to one spouse has the authority to issue a non-competition order against the..
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Purchased Pension Credits Is Community Property


Purchased Pension Credits Is Community Property
In reversal, a California Court of Appeals has ruled that military service credit purchased during the marriage with community property funds is the parties’ community property, despite the fact..
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Father’s Disability Pension Is Separate Property


Father’s Disability Pension Is Separate Property
In reversal, a California Court of Appeals has ruled that Trial Court was wrong by awarding Mother a community property share of Father’s California State Teachers’ Retirement System ("CalSTRS")..
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Managing Spouse Must Prove What Happened to Assets


Managing Spouse Must Prove What Happened to Assets
A California Court of Appeals has ruled that where a non-managing spouse makes a prima facie showing of the existence and value of community property assets in managing spouse’s..
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Life Insurance Policy Is Wife’s Separate Property


Life Insurance Policy Is Wife’s Separate Property
A California Appellate Court has ruled that Trial Court was wrong in finding that life insurance policy purchased during marriage with community property funds was community property where Father..
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