News & Analysis as of

Community Property Marital Assets Divorce

Lasher Holzapfel Sperry & Ebberson PLLC

What is a “Defunct Marriage” in Washington?

Merriam-Webster defines “defunct” as “no longer living, existing, or functioning.” In Washington, a “defunct marriage” is a term for spouses who have given up any hope of salvaging the relationship, and yet for whatever...more

Obermayer Rebmann Maxwell & Hippel LLP

Should I Stay or Should I Go

The decision as to whether or not to leave the marital home upon the desire to divorce generally depends upon several factors. ...more

Jaburg Wilk

How Are Rental Real Estate Investments Handled In A Divorce?

Jaburg Wilk on

One of the most common assets that divorcing couples own is real property. In many cases, the real property is limited to the marital residence. However, some cases also involve either residential or commercial investment...more

Lasher Holzapfel Sperry & Ebberson PLLC

Did You Buy Marriage Insurance? The Importance of Prenuptial Agreements in Community Property States

Around the world there are millions of people who rely on insurance for homes and vehicles to celebrity body parts. Nowadays, there is even insurance to cover the postponement or cancellation of one’s wedding. Ironically,...more

Ward and Smith, P.A.

Student Loan Woes: How Marriage and Divorce Affect Student Loans

Ward and Smith, P.A. on

Student loans have become a familiar discussion among families and, more recently, a subject for debate between the federal government and the Courts....more

Obermayer Rebmann Maxwell & Hippel LLP

Identifying and Valuing Types of Assets in a Divorce

In Pennsylvania Divorces, equitable distribution is the mechanism that the Court must follow when dividing marital assets. This means that the courts divide marital property based on the principles of equity....more

Fox Rothschild LLP

Can Divorce & Retirement Be Compatible?

Fox Rothschild LLP on

The demographics of family life have changed a lot in recent decades. Young people are marrying less and later in life when they do. The number of young people interested in having kids is in decline. And older folks are...more

J.S. Held

Crypto After the Crash: Strategies for Resolving Valuation and Tax Issues in Matrimonial and Other Litigation

J.S. Held on

The cryptocurrency market was down approximately 64% for the year 2022, with most of the decline occurring before the FTX collapse. For many, this news may bring a feeling of JOMO (Joy of Missing Out). For practitioners...more

Obermayer Rebmann Maxwell & Hippel LLP

Breaking Down the Divorce Process Into 4 Easy Steps

Something we hear from many clients when they come for their initial consultation is that the divorce process can be overwhelming and confusing. While every divorce is different, all divorces can be broken down into four...more

Obermayer Rebmann Maxwell & Hippel LLP

Divorce in Delaware: To Sell or Not to Sell, that is the Question

As a recent post by Stephanie Stecklair Tarantino notes, many family law attorneys are gearing up for what is commonly known as busy season. This is an increase in divorce matters that typically occurs after the holidays....more

Obermayer Rebmann Maxwell & Hippel LLP

Equitable - WHAT? Dividing Marital Property in Pennsylvania

While many industries may enjoy a quiet entrance into 2023, family law attorneys gear up for what is commonly known as  “busy season” as people decide to embrace the “New Year, New Me” and contemplate what was once...more

Lasher Holzapfel Sperry & Ebberson PLLC

Community or Separate Property? Beware The Mortgage Rule

What you don’t know about your mortgage could hurt you. In Washington State, we are not a “title state.” Accordingly, placing your spouse’s name on the title of a separate real estate does not automatically make it community...more

Lasher Holzapfel Sperry & Ebberson PLLC

Did You Really Say Goodbye? What is the Date of Separation and What is the Legal Impact of that Date in Divorce?

The lyrics “We only said goodbye with words” were famously written and sung in Back to Black by Amy Winehouse. The song was about the ending of a relationship, and the theme of goodbye. Under Washington law, “words of...more

Lasher Holzapfel Sperry & Ebberson PLLC

A Primer on Community vs. Separate Property in Washington State

As a divorce lawyer in Washington State, it is common for new clients to come in to our first meeting with the understanding that Washington is a community property state and believing that this means all property and debts...more

Obermayer Rebmann Maxwell & Hippel LLP

5 Things To Consider If You Want To Keep The Marital Residence

​​​​​​​In divorce people regularly fight over who will keep the marital residence. Sometimes people want to keep the house for sentimental reasons. ...more

Bradley Arant Boult Cummings LLP

Beware the Empty Chair in Marital Divorce Negotiations: Company Ownership Issues Should Be Considered in Divorce Settlements

Divorcing spouses often have a number of business issues to resolve, but one key aspect that is often overlooked takes place when divorce settlements involve the division of an ownership interest in a private company. ...more

Lasher Holzapfel Sperry & Ebberson PLLC

In re Marriage of Watanabe: Washington Divorce Law: Still No Joint Title Gift Presumption

The saying that “the beaten road is the safest” is typically associated with advice not to take unnecessary risks and to play things safe. In the law, the notion rings true for courts and their adherence to established...more

Burns & Levinson LLP

Can My Spouse Sell Assets During Our Divorce?

Burns & Levinson LLP on

Many divorcing spouses worry about the possibility of their spouse selling assets during a divorce and leaving little or nothing to be divided. It can be particularly problematic if a spouse was financially controlling or...more

Burns & Levinson LLP

Cryptocurrency, Digital Assets, and Divorce: How Do We Account for These Assets?

Burns & Levinson LLP on

In recent years, cryptocurrency has sparked concern in some divorcing clients. We hear questions such as “I believe my spouse has cryptocurrency or other digital assets and we are going through a divorce. What can I expect?”...more

Conyers

Divorcing the In-Laws: Marital Disputes and Their Effect on Wider Family Finances

Conyers on

In most cases, a marriage represents the joining of two families, rather than simply the two individuals who take vows. It is perhaps unsurprising therefore that the emotional fallout of a divorce can similarly involve the...more

Gray Reed

Texas Community Property Law and How to Plan Around it

Gray Reed on

Jack Bux and his high school sweetheart, Diane, have been married a few years, but the pandemic has taken its toll on their relationship, and they could soon be parting ways....more

Fox Rothschild LLP

Buying Out A House In Divorce. Update Comps!

Fox Rothschild LLP on

This will be short, for once. Divorce often involves one spouse buying out another from the marital residence. Best advice was, and still is, home values are such that paying for an appraisal can be useful. But of course,...more

Burns & Levinson LLP

Rule 401: The Financial Statement

Burns & Levinson LLP on

In every Massachusetts divorce matter, parties are required to file financial statements with the Court within 45 days of service of the summons and to update and file new financial statements for each court appearance at...more

Burns & Levinson LLP

Demystifying Myths About Dividing Assets in Divorce: Part 3 – The Contribution Factor – Celebrity Edition

Burns & Levinson LLP on

Perhaps growing up in Los Angeles took some of the fun out of celebrity gossip, but I never understood the fascination with stories about what is in the shopping cart of the (often shorter than advertised) celebrity standing...more

Burns & Levinson LLP

Protecting Marital Assets During the Pendency of a Divorce

Burns & Levinson LLP on

One of the biggest concerns parties have when going through a divorce is that their spouse will dissipate, hide, or move assets without their knowledge and consent. The fear is that once assets are gone, they can no longer be...more

44 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:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide