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Community & Separate Property > POSTS

Father Should Have Been Charged with More Income & Should Have Paid Attorney's Fees


Father Should Have Been Charged with More Income & Should Have Paid Attorney's Fees
In a partial reversal, a California Court of Appeals has ruled that Trial Court was wrong when it failed to include Father’s income tax refunds and voluntary 401K contributions..
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Husband Signing a Deed Doesn’t Necessarily Mean that Property Belongs to Wife Alone


Husband Signing a Deed Doesn’t Necessarily Mean that Property Belongs to Wife Alone
A California Court of Appeals has ruled that a Trial Court made a mistake by determining that an interspousal transfer grant deed did not qualify as a transmutation agreement..
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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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