News & Analysis as of

Marital Assets Community Property

Lasher Holzapfel Sperry & Ebberson PLLC

Cryptocurrency in Divorce

Cryptocurrency is an increasingly common investment in spouses’ portfolios. While cryptocurrency can present unique challenges due to the various exchanges, different forms of recordkeeping, and new vocabulary, the key...more

Lewitt Hackman

Divorce Amidst Natural Disaster - Community Property and the Los Angeles Wildfires

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Divorce can be challenging under any circumstances, but when community property is damaged during legal proceedings, the challenges and stress can escalate significantly. Here in Los Angeles, we seem to face that possibility...more

Fleurinord Law PLLC

Golden Divorce & Estate Planning: Why Updating Your Beneficiaries is Essential

Fleurinord Law PLLC on

The term "gray divorce" is commonly used to describe later-life separations, but "golden divorce" might be a more fitting term, suggesting optimism and new beginnings. This concept reminds me of the beloved 1980s sitcom The...more

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

Allen Barron, Inc.

Estate Planning for Business Owners

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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

Jaburg Wilk

How Are Rental Real Estate Investments Handled In A Divorce?

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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

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

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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

Fox Rothschild LLP

Can Divorce & Retirement Be Compatible?

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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

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

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

Freeman Law

What Happened to My Joint IRS Income Tax Refund?: The IRS’s Authority to Offset

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Generally, when a taxpayer makes an overpayment of tax, the IRS refunds the overpayment to the taxpayer.  But this is not always the case.  For example, the IRS has the statutory authority to credit (or offset) an overpayment...more

Conyers

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

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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

Proskauer Rose LLP

Wealth Management Update - October 2021

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October 2021 Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - Federal interest rates increased slightly for October of 2021. The October applicable...more

Quarles & Brady LLP

New Florida Community Property Trust Law

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Florida has enacted new legislation allowing married couples to create a Community Property Trust (CPT). Currently (except in community property states), when the first spouse dies, his or her own assets receive a step-up in...more

Gray Reed

Texas Community Property Law and How to Plan Around it

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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

Gray Reed

Collecting Separate Tax Debts from Community Property

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Texas is a “community property” state; but all property in Texas is not “community property”. In Texas, each spouse can have his or her own “separate” property, which generally consists of property that was acquired by gift...more

Fox Rothschild LLP

Buying Out A House In Divorce. Update Comps!

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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

Lewitt Hackman

Getting Married in California? Here’s What You Should Know

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Many Californians get married without understanding the contract they are entering into. Here are the basics of California Family Law...more

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