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 right to divorce. For same-sex couples, getting divorced in California generally follows the same process as it does for opposite-sex...
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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 purchased it with your separate property. Which one of you must convince the judge at your divorce trial? For clients...
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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 from the community estate to your rightful possession. Understanding the definition of commingled assets, as well as how commingled assets...
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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 owns the asset alone as his or her separate property. During a divorce, title ownership is not the end of...
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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 how the rules of separate property come into play. What is Separate Property? Separate property is a specific category of...
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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 our friends at Wikipedia, "the United States has nine community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas,...
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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 (who later played TV Dad on the “Father Knows Best” series and real life Dad to Elizabeth Montgomery from the...
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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 by a married person during the marriage while that married person was residing in California unless there is a specific...
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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 of a thoughtful, knowing, and intelligent settlement following a complete disclosure of all relevant financial information required to fulfill your...
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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 attorneys regularly handle divorce and custody trials in Sacramento, Placer and Yolo Counties. Family law trials should be rare. They...
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