Divorce

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 researching how to get a …

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Commingled Assets - Can they be unmixed in a California Divorce?

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 are separated in divorce, can …

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divorce issues

What issues can be resolved in a California divorce?

The Family Court is a Court of limited jurisdiction. It does not involve all disputes between married persons. In general, the Family Court is limited to resolving issues of child custody, community property, child support, spousal support (alimony), attorney fees necessary for representation, and enforcement of orders and domestic violence prevention (restraining) orders. The Family …

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Divorce Date of Separation

How does a California Court determine the “Date of Separation” in a divorce case?

Date of Separation The “date of separation” is very important for community property purposes, because property acquired after the date of separation is not subject to the legal presumption that it is community property. Similarly, debts incurred by a married person after the date of separation are not necessarily community obligations. The date of separation …

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