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In love and anticipating marriage, you put a down payment on a home with your own money and took out a mortgage because you intended to eventually live with your fiancé. It seemed like a good idea at the time. Now, though, you are not so sure. You have heard that if...
Readers of this legal blog know that we discuss property division regularly. In a recent blog post, we discussed how property is treated in the property division process. In this post, we will expand on the differences between separate and community property in...
When two people get engaged to be married, probably the last thing they want to contemplate is divorce. A prenup (or prenuptial agreement) is a legal contract entered into prior to marriage that does exactly that. It contemplates divorce, and spells out how the...
Once the decision to divorce is made you and your spouse may be eager to simply get the process over with. Still, things do not always move as quickly as you would like. California has residency requirements that must be met before you or your spouse can file for...
When a California couple sees that their marriage is failing, they necessarily view the upcoming divorce process with much misgiving. However, California law offers an alternative that may work for some couples: legal separation. Divorce v. legal separation: the...
While the primary concern of most divorcing couples is their kids, divorce involves many other issues, including property division. Property division is the process where the family law judge splits the marital property and debts. What is property? In this context,...
For anyone that watches reality TV or reads celebrity headlines, you have likely heard of pre- and post-nuptial agreements. Though, you may have a negative view of them as they are rarely shown in a positive light. As a result, you may not even know what pre- and...
Like other states, California has what is called a residency requirement for people who want a divorce. In order to obtain a divorce in California, one or both of the spouses must have lived in the state for at least six months. They also must have lived in Riverside...
In California divorces, people are often at odds over property division. A common point of contention is debt accrued after the separation. In some divorces, this happened as an intentional attempt to make life difficult for the other person. In others, it was...
For better or worse, laws from real estate and contracts to debts and property division treat married couples as one. The area of tax law, however, permits married couples to exist financially independent of each other. Under certain circumstances, the tax-filing...