Divorce Community Property

Divorce is the formal legal dissolution of a marriage. The divorce process implicates many diverse areas of the law including, but not limited to, real estate, wills and trusts, child custody, and tax.
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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

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

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

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

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

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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