Community Property

News & Analysis as of

Premarital planning - Protecting your assets without a prenup

Protecting family assets in the event of a divorce is particularly significant for family business owners, who typically want to avoid sharing ownership with their ex-spouses or their children’s ex-spouses. A prenuptial...more

U.S. Supreme Court Holds Same-Sex Marriage To Be a Fundamental Right

The United States Supreme Court issued its opinion in Obergefell v. Hodges, 576 U.S. ___ (2015) on June 26, 2015. In a 5-4 decision, the Supreme Court held that the Fourteenth Amendment requires a State to license a marriage...more

Supreme Court Approves Same-Sex Marriage: Tax and Legal Implications for Same-Sex Spouses

On June 26, 2015, the Supreme Court handed down its decision in the landmark case of Obergefell v. Hodges. The Court held that the Fourteenth Amendment to the United States Constitution requires all states to license a...more

What is Community Property? [Video]

Phoenix law firm Jaburg Wilk Family Law attorney Jason B. Castle discusses what community property is and what qualifies as community property. For more information visit www.jaburgwilk.com. ...more

High Risk Investment Strategies Could Bring an End to Spousal Support

The receipt of spousal support and a share of the community property in a divorce does not relieve the spouse who is being financially supported from being accountable for his or her financial future. Just when one thinks...more

Frequently Forgotten Divorce Asset: Loss Carry-Forwards

Loss carry-forward is a frequently forgotten asset in divorces. Whether the loss arises from the operation of a business (Net Operating Loss) or sale of stocks (capital loss), it is a valuable asset which may be used to...more

Insight on Estate Planning - August/September 2014

In This Issue: - Unintended consequences: After divorce, review your estate plan to avoid surprises - Protecting your real estate assets - How will the GST tax affect your estate plan? - Estate...more

You’ve Really Got a Hold On Me…and My Copyright?

Seems that someone’s always thinking of you, especially if you’re Smokey Robinson and you’re about to reclaim ownership of popular songs you wrote back in the day, like “I Second that Emotion,” “The Tears of a Clown,” “The...more

But What About The Company?

For many married couples in California and other community property states, a closely-held business is the most valuable community asset. And whether or not they’re in a community property state, both spouses may be active...more

Sale of Clippers Will Cost Sterlings Significant Income Taxes

People who do not think that Donald Sterling is being impacted sufficiently by the NBA fine and being forced to sell the Los Angeles Clippers are not taking into account the significant federal and California income taxes...more

My Life for Your Love: California Supreme Court to Decide Whether Frankie Valli’s Life Insurance Policy is Community Property

On April 3, 2014, the California Supreme Court heard oral arguments in the matter In re Marriage of Valli, S193990. The major legal question presented to the Court is whether a life insurance policy purchased with community...more

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

32 Results
|
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×