News & Analysis as of

Separate Property

IR Global

When Title Alone Isn’t Enough

IR Global on

The Legal Limits of Interspousal Transfer Deeds and the Risk to Separate Property in California - In California, the idea of "what’s mine is yours" is more than just a romantic sentiment, it’s the legal default. California...more

Lasher Holzapfel Sperry & Ebberson PLLC

Can I Recoup the Cost of my Wedding if I Get Divorced?

A divorce can change how people remember their weddings. Instead of reminiscing about the tender moments, they tend to fixate on the price tag. Here are notes on whether you can recover common costs of your wedding when you...more

Lasher Holzapfel Sperry & Ebberson PLLC

What is a Postnuptial Agreement – and Do You need One?

Have you ever wondered what happens if you do not sign a prenuptial agreement before the wedding but still want to set clear financial boundaries in your marriage? Sometimes, negotiations about finances and property cannot...more

Offit Kurman

Will My Spouse Get My Inheritance in Divorce?

Offit Kurman on

Oftentimes, inheritances are considered separate property and are not divided in divorce. That means if you received money, real estate, or other property through an inheritance that was left specifically to you, it usually...more

Levenfeld Pearlstein, LLC

FAQs About Premarital Agreements

Planning a wedding involves countless decisions, from choosing the perfect venue to selecting flowers. But beyond the celebration details, many couples are also considering an important legal and financial step: creating a...more

Gray Reed

Tracing Fails to Establish that Texas Mineral Interests Were Separate Property

Gray Reed on

O’Connor v. O’Connor addresses tracing of property in a divorce proceeding and an evidentiary issue, but there are lessons for parties to mineral deeds as well. First, … A few Texas marital property rules - Property...more

Smith Debnam Narron Drake Saintsing & Myers,...

Cryptocurrency and Divorce: How Digital Assets Are Divided In North Carolina

Cryptocurrency, such as Bitcoin and Ethereum, is a growing part of many couples’ financial portfolios. However, unlike more traditional, tangible assets, cryptocurrency poses a unique challenge in divorce proceedings....more

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

Jaburg Wilk

Five Important Considerations When Creating Estate Plans for a Blended Family

Jaburg Wilk on

Blending families often introduce unique dynamics. In addition to the day-to-day challenges and opportunities that blended families create, there is also careful planning to consider when creating or updating an estate plan....more

Kaufman & Canoles

5 Practical Steps to Take Upon Separation

Kaufman & Canoles on

Under Virginia law, separation occurs when at least one spouse forms the intent to permanently separate. Consider these practical steps to protect your property interests. Originally published in the February 2025 issue of...more

McGlinchey Stafford

Fifth Circuit Erie-Guess Excludes Retirement Accounts from Spousal Restitution Garnishment

McGlinchey Stafford on

On December 30, 2024, the U.S. Court of Appeals for the Fifth Circuit reversed and remanded a ruling from the U.S. District Court for the Southern District of Mississippi that concerned the denial of Appellant’s motion to...more

Levenfeld Pearlstein, LLC

Keeping Romance Alive in Premarital Planning

Each year, “proposal season” begins around Thanksgiving and ends on Valentine’s Day. Then the planning begins — the date, the venue, the guests — and, for many couples, a premarital agreement....more

Stark & Stark

Navigating Gift Treatment in Divorce: Key Considerations

Stark & Stark on

The end of the year is upon us, and often parents or other individuals make gifts to their children for the maximum amount allowable to avoid federal and state gift taxes. In the absence of marital bliss, how these gifts are...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

Barnea Jaffa Lande & Co.

What are the tax Aspects of Prenuptial Agreements in Israel?

Contrary to popular belief, the purpose of signing a prenuptial agreement is not just to dictate the division of property in the event of divorce. Signing a prenuptial agreement can also provide significant tax advantages to...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

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

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

Kohrman Jackson & Krantz LLP

Separate and Marital Property: Who Gets What in the Divorce?

In 2019, the Amazon founder and former CEO, Jeff Bezos divorced his wife, MacKenzie Scott. Ms. Scott received almost $34 billion in her divorce settlement and became one of the wealthiest philanthropists in modern day. Ms....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

Winstead PC

Court Affirmed Order Denying A Family Allowance

Winstead PC on

In In re Estate of Wetzel, a widow and independent administrator of her husband’s estate appealed a trial court’s order denying her requested family allowance. No. 05-20-01104-CV, 2022 Tex. App. LEXIS 2618 (Tex. App.—Dallas...more

Winstead PC

[Webinar] Financial Services - Trust Issues In Divorce Proceedings - May 24th, 10:00 am - 11:00 am CT

Winstead PC on

This presentation covers trust issues that arise in divorce disputes, such as spouses creating an irrevocable trust, fraud claims to void a trust, conflict of interest issues raised by the same attorney drafting both spouse’s...more

Winstead PC

Texas Court Held That Wife’s Trust Funds Were Her Separate Property And Was Not Converted To Community Property Despite Being...

Winstead PC on

In LaPree v. LaPree, a wife had three trusts where she was the primary beneficiary. No. 03-20-00465-CV, 2022 Tex. App. LEXIS 1325 (Tex. App.—Austin February 24, 2022, no pet. history)....more

Barnea Jaffa Lande & Co.

Prenuptial Agreements - New Israeli Supreme Court Ruling

Up until now, the Israel Tax Authority interpreted the Real Estate Taxation Law so that spouses who signed a prenuptial agreement and maintained separate property were considered a single family unit for the purposes of real...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

42 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