Category Archives: community property
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 »
Where Do I List Assets and Debts in My California Divorce Petition?
I am often contacted by people who are confused by the forms which California law requires they use for initiating or responding to a divorce filing. One of the most common questions relates to community property and debts and separate property and debts. Question: My spouse and I arebeginning the process for divorce in California…. Read More »
How Do I Add My Spouse to My House Deed? How Do I Change Property from Community to Separate Property?
Under California law, if you want to add your spouse to the deed of your house, you would typically use a grant deed. This deed transfers ownership interest in the property from you to both you and your spouse jointly. You would need to prepare and sign the grant deed, then have it notarized and… Read More »
Can I Receive Credit for My Down Payment on Our Marital Residence in a California Divorce
Question: How can I prove my cash down payment towards the home I purchased before marriage ? I’m going through a divorce. I purchased my home five years prior to getting married and then added my spouse to the title later on when I refinanced. She now wants half the equity. I put $200,000 cash… Read More »
My Ex Was Ordered to Sell a House in Our Divorce and Divide the Proceeds. It Has Been Two Years. What to Do?
Question: My ex was ordered to sell a house by the court in our divorce and divide the proceeds with me. They have not sold the house and it has been 2 years. What can I do? Answer: In California, if your ex-spouse has failed to comply with a court order to sell a property… Read More »
Learn How to Describe Assets and Expenses on the FL-150 Income and Expense Declaration in Your California Divorce
Learn How to Describe Assets and Expenses on the FL-150 Income and Expense Declaration in Your California Divorce The FL-150 is a lot easier for most people getting a divorce in California to complete than it is to complete and compile the information on the FL-142 Asset and Debt Declaration. I address the FL-142 here…. Read More »
Learn How Prenuptial Agreements Can Make Sense for You and Your Partner
Good Reasons for a Prenuptial Agreement Without a prenuptial agreement, divorce is complicated. With one it’s not easy peasy but it is less complicated. Reason 1 – Under the statutory law in California, once married half of all earnings, property accumulated from those earnings during marriage including your retirement, as well as the increaese in… Read More »