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Community Property

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

Snell & Wilmer

The Danger of a Missing Signature: A Look at Guarantor Spousal Consents in the Southwest

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This article examines the importance of spousal consents in Arizona and New Mexico. Under Arizona law, lenders cannot enforce a guaranty against community property if the guarantor’s spouse did not consent to it. New Mexico...more

Dorsey & Whitney LLP

I Don’t Get You, Babe - The Curious Copyright Case of Sonny & Cher & Mary

Dorsey & Whitney LLP on

The 1970s were the heyday of the now-extinct television genre known as the variety show: a weekly extravaganza headlined by a well-known entertainer, generally accompanied by a supporting cast of singers, dancers and...more

Allen Barron, Inc.

Estate Planning for Business Owners

Allen Barron, Inc. on

What are some of the fundamental issues when estate planning for business owners? Why should every business owner have an estate plan? What are some of the primary issues to address in an effective estate plan for those who...more

Foster Garvey PC

A Journey Through Subchapter S / A Review of The Not So Obvious & The Many Traps That Exist For The Unwary: Part V – Spouses...

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This fifth installment of my multi-part series on Subchapter S is focused on married individuals who own shares of an S corporation. While the rules relating to shareholder eligibility seem straightforward, their application...more

Burns & Levinson LLP

Environmental Justice Put to the Test at Boston’s Franklin Park

Burns & Levinson LLP on

Last week, an interesting lawsuit was filed in Boston with a distinctly and perhaps ironic environmental justice flavor. A non-profit, the Emerald Necklace Conservancy, along with fifteen Boston residents, brought suit to...more

Stoel Rives - Renewable + Law

Minnesota Community Solar Garden Updates – New Program To Begin Accepting Applications

In early January, the Minnesota Department of Commerce shared new details about the state’s Low and Moderate-income Accessible Community Solar Garden program (the “Program”) application process and requirements. Among other...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

DarrowEverett LLP

Time to Step Up? Florida’s Community Property Trust Act Worth A Look

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Unknown to many Floridians, Florida enacted the Community Property Trust Act which went into effect on July 1, 2021, and established the ability to convert non-community property into community property. The community...more

International Lawyers Network

Buying and Selling Real Estate in Czech Republic (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER CZECH REPUBLIC LAW - I. Types of Real Property Transactions - a) Purchase of an undeveloped plot of land; b) Purchase of a developed plot of land; c) Purchase of a...more

DarrowEverett LLP

Florida Business Climate Great for Pickleball, But Risks Are in Play

DarrowEverett LLP on

When discussing the ever-evolving landscape of Florida’s commercial real estate (CRE) market, one trend has begun to stand out — the rise of pickleball. This sport, once a leisurely pastime, has turned into a compelling...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

Troutman Pepper

High Court Bankruptcy Ruling Is a Warning to Joint Obligors

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In a unanimous decision, the U.S. Supreme Court held that Section 523(a)(2)(A) of the U.S. Bankruptcy Code precludes a debtor from discharging a debt obtained by fraud, regardless of the debtor's own culpability. ...more

Ward and Smith, P.A.

Student Loan Woes: How Marriage and Divorce Affect Student Loans

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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

Winstead PC

Court Affirmed An Order Holding That A Deceased Astronaut’s Artifacts Were His Separate Property

Winstead PC on

In Bean v. Bean, a dissenting co-executor sought relief from a probate court regarding whether certain assets were separate property or community property. No. 05-21-00286-CV, 2022 Tex. App. LEXIS 9058 (Tex. App.—Dallas...more

International Lawyers Network

Buying and Selling Real Estate in Czech Republic (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER CZECH REPUBLIC LAW - I. Types of Real Property Transactions - a) Purchase of an undeveloped plot of land; b) Purchase of a developed plot of land; c) Purchase of a building...more

Winstead PC

Court Affirms Judgment In Divorce Proceeding That Property Was Community Even Though It Was Purchased With Trust Assets

Winstead PC on

In Leggio v. Florian, the trial court awarded three real estate properties to the wife over an allegation by the husband that all of the properties were his separate property. No. 14-21-00168-CV, 2022 Tex. App. LEXIS 5563...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

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