Community Property

News & Analysis as of

Property Division in Arizona: Equitably versus Equally #DivorceLawyer

Arizona is a community property state. That basically means that both parties have control of property earned or purchased during the marriage(There are aEqual Property Division in Divorce number of exceptions to this but...more

Distributions From A Texas Trust Deemed Separate Property

Conventional wisdom is that a spouse’s earnings from separate property are community property. But it’s not that simple. In Benavides v. Mathis a Texas court denied wife Leticia’s claim to one-half of the income derived from...more

Monthly Disability Payments Not Considered Marital Property

In 2011, the Pennsylvania Supreme Court decided the case of Focht v. Focht, 32 A.3d 668 (Pa. 2011), which resolved prior conflicting case law on the issue of whether an award or settlement proceeds from a personal injury...more

Arizona Local Counsel Information

Lewis Roca Rothgerber LLP has prepared this document to inform counsel we work with who are outside of Arizona about certain recurring issues that they should be aware of when litigating here. The document obviously is not...more

Family Law: Corporate And Trust Challenges To Service Of Process And Jurisdiction

The president of a corporation, manager of a limited liability company, trustee of a family trust, or principal of another business entity receives a summons in a Florida divorce case. One spouse contends the other’s...more

Divorces, Community Property and Patents — the Problem of the Ex-Spouse

Many universities have standard patent assignment agreements that assign inventions of a university employee to the university. But what if the inventor is married? Or, what if the inventor marries during his or her...more

Community Property Income Not Shared For Self-Employment Tax Purposes

A recent Tax Court case illustrates a trap for the unwary in regard to the computation of self-employment taxes. Spouses subject to community property laws obtain an interest in the assets and income of their spouses. ...more

How do I know if an asset is really my sole and separate property?

In the State of Arizona, any and all property is presumed to be community property. However, property is characterized at the time of its acquisition and therefore, if you owned property prior to your marriage, it is and...more

Reasons to Have a Prenuptial Agreement (Not Related to Divorce)

A prenuptial agreement allows couples to opt out of the California Family Code in part, or in whole, by reaching their own agreement about their financial affairs – during the marriage as well as in the event of a divorce....more

Marriage, Divorce and Your Business

If you own a business, or any asset for that matter, and you intend to marry or divorce, you need to read this. Virginia is not a community property state. But it is an equitable distribution state. What does that...more

Are You Financially Responsible for Your Spouse’s Bad Behavior?

While Bob Filner, who now has resigned from his position as mayor of San Diego, is not currently married, he serves as a good example of bad behavior. I do not say “allegedly” bad behavior because there are already reports...more

Why Arizona Business Owners Need A Premarital Agreement

Arizona is a community property state which means all property acquired by either spouse during the marriage is, by statute, presumed to be community property. ...more

What Exactly Is Community Property Law In Arizona And Why Does It Matter?

Arizona is a community property state and community property law controls the division of all assets of your marital estate....more

Cohabitation Agreements

This past Sunday, the Los Angeles Times reported that a new study from the Centers for Disease Control and Prevention, based on the CDC’s National Survey of Family Growth, found that almost 50% of unmarried women are living...more

Lenders: Beware of the Arizona "Two-Dollar Bankruptcy"

Lenders commonly rely upon form documentation when making a loan, often assuming that the form complies with the ever-changing law governing the deal. As we all know, a mistake in documentation can result in serious...more

Can I File for Chapter 7 in Georgia Without My Spouse?

The more important inquiry is which option makes the most economic sense for you and your spouse! Georgia follows the common law rules of ownership of property and liability for debt....more

Don’t Forget to Divide These Things, Too

In California community property rules control the division of assets and liabilities in divorce. Community property is any property, regardless of where it is situated, which is acquired during the marriage. Unless there...more

The Estate Planner - January/February 2013

In This Issue: - Tax deal reshapes estate planning landscape - Are your children prepared to handle your wealth? - Planning your digital legacy - Estate Planning Red Flag: You’re married and relocating into or out...more

3 + 3 = 6 Ways a Family Law Forensic Accountant Can Add to the Success of a Case

Just as it makes sense to have a lawyer handle the legal issues of divorce, ending a marriage involves such important financial considerations that an accountant should be part of the decision-making process. But not every...more

Is a Buy-Sell Agreement Controlling in a Divorce?

In divorces, a business is often an asset of the marriage. One spouse typically is the “operating spouse” and he or she is in partnership with another person or persons. Assuming the spouse’s interest in the business has a...more

Are Student Loans Community Property? Dividing Debt in Divorce

Americans owe nearly $1 trillion dollars in student loan debt. As of 2010, student loans have even surpassed credit card debt, according to the Federal Reserve Bank of New York. With student loan debt being so common, many...more

Even Though It’s “No Fault” Divorce, What Would You Do?

California has “no fault” divorce, which means it does not matter why a marriage breaks up or which spouse is responsible for the breakup. Therefore all community property is divided equally and spousal support (alimony) is...more

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