Category Archives: community property
California’s New Joint Petition for Divorce—A Collaborative and Economical Start to Your Life’s New Chapter
California’s New Joint Petition for Divorce—A Collaborative and Economical Start to Your Life’s New Chapter For decades, starting a divorce in California meant one spouse had to “sue” the other, creating an adversarial tone from day one. However, as of January 1, 2026, a new, transformative legal pathway—the Joint Petition for Dissolution, Judicial Council (Form FL-700), allows… Read More »
Is a Pension of One Spouse a Community Property Asset in a California Divorce?
I receive questions like this with some frequency: QUESTION: I married after I retired and starting receiving a pension. Now, I am getting divorced. Is my spouse entitled to part of my pension in the divorce settlement? ANSWER: No, under these facts in a California Divorce the pension is the separate property of the spouse… Read More »
Dividing the Home in Divorce: Understanding reimbursement for Unequal Contributions to the Down Payment of the Marital Residence. Cal. Family Code 2640
QUESTION: How is equity from a home sale divided in a California divorce if each spouse contributed to the down payment from pre-marriage funds but one spouse contributed more of the down payment from pre-marriage funds? FACTS: I got married three years ago. Shortly after marrying, we bought a house together. We both contributed to the… Read More »
MORE ON MOORE MARSDEN: DIVIDING A HOUSE OR OTHER REAL PROPERTY IN A CALIFORNIA DIVORCE
If you get a divorce in California and one spouse purchased real property before the marriage the other spouse may have a community property interest in the house by operation of law. Very commonly people get married and one of them already owns a house. If they get a divorce the Court will not give… Read More »
LA MEDIACIÓN DE DIVORCIO TIENE SENTIDO INCLUSO CON UN CÓNYUGE REACIO
Los abogados litigantes tradicionales y las partes están en roles adversarios. Puedes imaginar que si una empresa demanda a otra por infracción de marca registrada, por ejemplo, el caso comienza como un juego de suma cero con un ganador y un perdedor. Es cierto que la mayoría de los casos se resuelven, pero la mentalidad… Read More »
Who Gets the House When a Married Couple Are Separated And the Spouse In the House Dies? Learn How to Protect Your Rights
Who gets the house when husband and wife are separated at time of death? Question: Husband and wife own house together in California as joint tenants. They split in 2001, after which wife is the only occupant of the home. She pays all of the property taxes, utilities, and maintenance thereafter.They never seek a divorce… Read More »
Californians Going Through Divorce Should Address Their Estate Plan
Summary: One should consider starting on one’s estate plan modifications prior to completing your divorce. A living trust empowers Californians by avoiding probate, ensuring privacy, and adapting to life’s twists and turns. A living trust should be the basis of a California residents estate plan. Introduction: As soon as you know that your marriage is… Read More »
Am I Stuck with Our Home Loan In a Divorce Since Only My Name Is On It?
What are my rights to my home if I divorced? What happens to the loan if it’s only in my name? Am I stuck with it? QUESTION: My husband and I own a home and have kids. We bought the home together during our marriage. It is titled in both our names.However, after a recent… Read More »
What Effect Does Infidelity Have on a California Divorce Case
Question: If one’s marriage ends due in whole or in part to infidelity, does the unfaithful spouse have to pay damages or lose any rights to the equal division of community property? What about custody? Does infidelity influence custody? Answers: Infidelity does not usually influence the division of property in a California Divorce. The process… Read More »
Will I Lose My Share of Our Home’s Equity in the Divorce if I Move Out?
Uncover the truth about home equity and property rights during a divorce in California. Learn why moving out doesn’t mean losing your share of the home’s equity. Navigating Home Equity Concerns During Divorce in California Deciding to divorce is a challenging decision, one that you may have grappled with for a long time. The situation… Read More »