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.
News & Analysis as of

When a Billion Dollars is Not Enough | Divorce Lawyer

Even as a divorce lawyer it is shocking to hear that when Sue Ann Arnall recently received and cashed a $975 million dollar check from her soon to be ex-husband, oil magnate Harold Hamm, that she now claims the check was not...more

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

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

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

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

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

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

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

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