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 »
Navigating Divorce in California: Understanding the Request to Enter Default
In this post we explain What a Request to Enter a Default in a California Divorce Is, Why One Would Do It, and How One Doest It. When filing for divorce or legal separation in California understanding the process is crucial. If your spouse doesn’t respond to the petition, you might be considering seeking a… Read More »
The California Appellate Court Clarifies Spousal Support in Cases Involving Federal Immigration Law-I-864 Affidavits of Support
In a case published June 20, 2025, the California Appellate Court Stated that Income Available for Support Must Be Calculated Before Support is Determined Even in Cases Involving I-864 Affidavits of Support California Appellate Court Clarifies Spousal Support in Cases Involving Federal Immigration Law (I-864 Affidavits) A recent opinion issued by the California Appellate Court… Read More »
Courts Generally Issue Temporary Restraining Orders Upon Allegations of Domestic Violence
Domestic Violence Allegations Generally Result in the California Courts Issuing Temporary Restraining Orders Pending a Hearing. A Permanent Restraining Order Issued After a Hearing Has Profound Effects on Child Custody Under California Law.. Navigating family law matters, particularly when dealing with divorce, paternity, child custody, and the complexities of domestic violence cases in both civil… Read More »
Is Alimony (Spousal Support) Taxable in California?
I am often asked whether alimony is taxable in California. The short answer is YES. Here’s the question I received yesterday. I post it as I believe the answers to the question are helpful. QUESTION: I have a spousal support mutual written agreement that I started receiving payments in 2024 ( entered also that year… 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 »
Does Our California Court Still Have Child Custody Jurisdiction Even If I and my Ex Now Live in Different States?
Question: I have a child custody order from the Los Angeles Superior Court. Neither my Ex nor I live in California now. Our children are with me, and I would like to change the custody order. Can I do that in the Court where I live now? We never finished the case in California. No… 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 »
What is a Memorandum of Points and Authorities? Do I Need One in My Child Custody Paperwork?
Question: Do I Need to File a Memorandum of Points and Authorities in Addition to My Responsive Declaration Opposing My Ex’s Request for Child Custody Orders? His lawyer included a memorandum of points and authorities in support of my ex’s request for child custody and visitation/parenting time schedule orders. Answer: You don’t need a memo… Read More »
How Silence Can Help Litigants Obtain Their Goals in Family Law Court
In Family Law Litigation Silence Can Be an Effective Tool. Here’s how to use it. In family law litigation to get what you want, try closing your mouth. A well-deployed silence can radiate confidence and connection. The trouble is, so many of us are awful at it. We struggle to sit in silence with others,… Read More »