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Property Division

Same-Sex Marriage Divorce and Child Custody Disputes

The landmark case Obergefell v. Hodges, decided in 2015 by the U.S. Supreme Court, granted long overdue rights to same-sex couples. These rights include the right to marry, and consequently, the...

Your Spouse Claims That Your Separate Property is Community Property (And Wants Half). Who Has to Prove It?

Your spouse says that the little cabin you acquired during the marriage belongs to both of you, but you insist that it was a gift to you alone or you...

Tracing Commingled Assets. How to Unmix your Separate Property Back Out of the Community Estate.

When it comes to cocktails, mixed is a good thing – but not so much for assets in a divorce. As Sacramento divorce attorneys, our job is to unmix assets, moving them...

Does Title Determine Who Gets the House In A Divorce?

When an asset was acquired during marriage and title is held in one spouse’s name alone (title to the family residence, for example), it is frequently assumed that the titleholder...

How does California define “separate property” in a divorce?

One of the most common questions we receive about California divorce law is, “What does ‘separate property’ mean?” Let’s take a closer look at dividing property in a divorce, and...

Getting Divorced in California, but have property in another state? Time to learn about “Quasi-Community” Property.

After a lifetime living in California, I was surprised to discover that most states are not community property states. We only give legal advice on California law, but according to...

My Marriage isn’t Valid. What happens to our property?

In 1941, Alfred Hitchcock made "Mr. & Mrs. Smith", a screwball comedy that airs from time to time on TCM or AMC with the beautiful Carole Lombard and Robert Montgomery...

How does California define Community Property?

California defines the term “community property” as real property (land and basically everything attached to it) and personal property (almost everything else), located anywhere in the world, that was acquired...

Set for Family Law Trial? How to Avoid it.

What are the alternatives to conducting a Divorce or Custody Trial? For financial issues concerning property, support, or attorney fees, a trial is completely avoided by the development and negotiation...

What is a Family Law Trial?

A trial is a full hearing concerning disputed issues involving witnesses and other admissible evidence. At the end of the trial, the judge will make a ruling. Hughes Law Group...