California Court Discusses Separate Versus Community Property in Divorce

November 28, 2021 | by Roy M. Doppelt

Under California law, any property acquired during the marriage is deemed community property, which means each spouse owns it equally. There are some acts that can change the character of a property, however, and people with separate assets must be mindful of behavior that may impact their property rights. Recently, a California court set forth a ruling discussing how and when the nature of a property is defined and how to assess whether transmutation occurred. If you are considering ending your marriage, it is smart to speak to a knowledgeable San Diego divorce attorney regarding your rights.

Factual Background of the Case

It is reported that the husband bought a house before he got married. When the couple wed, the husband had paid off the mortgage for the home. Additionally, he had a retirement account he paid into before the marriage. He did not contribute any money to the account after the wedding, however. The couple resided in the house the man purchased for a number of years after they married and then decided to move to a second home.

Allegedly, the husband kept the first house after the move. He obtained a loan for the second home that was solely in his name and took money out of his retirement account for the down payment. Both the application for the loan and the deed to the house stated that the house was granted to the husband as his sole and separate property. The husband ultimately sold the first home and used the money from the sale to pay for the second home. The wife filed for divorce, and one of the main sources of contention during the divorce proceedings was whether the second home was the husband’s separate property, community property, or a combination of both. The Court determined that it was community property, and the husband appealed. Continue reading

California Court Discusses Evidence Regarding the Nature of Property in Divorce

October 15, 2021 | by Roy M. Doppelt

When a couple decides to end their marriage, who owns what property is often one of the biggest points of contention. Typically, in cases in which the parties dispute whether an asset is marital or separate, they will provide evidence in support of their positions. If they fail to do so, it may adversely impact their rights, as demonstrated in a recent California ruling. If you intend to end your marriage, it is in your best interest to retain a capable San Diego divorce lawyer to aid you in striving to protect your interests.

The Facts of the Case

Allegedly, the husband and the wife married in October 2007 and separated in April 2015. The wife filed a petition for dissolution of marriage a year and a half later. The husband purchased a home prior to the marriage, and the couple lived in the home from 2005 until they separated. They used community funds throughout the marriage to pay the mortgage for the home, however. Following a one-day trial, the trial court determined that a portion of the home was community property. The husband appealed, arguing that the trial court improperly calculated the community share of the home.

Evidence Regarding the Nature of Property

On appeal, the appellate court found in favor of the husband, reversed the trial court ruling, and remanded for further proceedings. The appellate court explained that where the parties do not dispute that there is a community property interest in a home, both parties are obligated to ensure that the court has the information needed to determine that interest. Here, the husband erroneously believed it was the wife’s duty to provide the court with such information and failed to offer any. Continue reading

Drawbacks of a Prenuptial Agreement in San Diego on Divorce – Facts form an Experienced Attorney 2020

September 11, 2020 | by Roy M. Doppelt

Couples use a prenuptial agreement to address the parties’ interest in the assets and debts in the event of separation or divorce. A prenuptial agreement is also helpful in the death of one spouse. It can assist in resolving problems regarding distributions of marital debts as well as assets. A prenuptial agreement is becoming common, but couples can be hesitant to sign one. You can make your decision by considering how a prenuptial agreement can help you. (See Family Code section 1610).

Marriages are not only a romantic relationship, but also a kind of business-based relationship. To, secure everyone’s financial interest is extremely useful.

Everything has its advantages and disadvantages. It is significant to understand the drawbacks of what you are going to do? If we talk about it from emotional viewpoint, couples may feel awkward when approaching the idea of a prenuptial agreement. It also creates a sense of distrust between the two people in love who are expecting to become one in future.

Attorney’s Specify Don’ts of a Divorce – San Diego 2020

May 18, 2020 | by Roy M. Doppelt

There is nothing more devastating than a family that is going through a divorce. Not only does it affect the immediate family, but it also shatters children and, most importantly, the two people who took a vow to stay together. The event is painful, stressful, and an unbelievably upsetting emotional roller coaster ride. At such a time of grief, it is better to cool down, take control of yourself, and try to be practical.

Here are some expert attorney’s specific don’ts while going through a divorce.

What are the Don’ts of Divorce?

Attorney’s Suggestions for Protecting the Assets During a Divorce – San Diego 2020

May 15, 2020 | by Roy M. Doppelt

Apart from the kid’s welfare, securing the assets and money during the process of divorce is immensely important. Assets are one of the crucial issues that you can protect as well as prepare for in the long-term before filing your divorce in the San Diego Courts.

If you have a feeling that your spouse is hiding money, and you think a divorce is necessary, then you must take precautions with your assets and finances in advance before filing for a divorce.

Because you, as well as your children, have to be financially secure until you can start or go back to work, that means you have to protect some portion of your spouse’s income regarding economic feasibility after the final verdict of your divorce.

What You Did Not Know About San Diego Divorces in 2020 – Hear it From Skilled Lawyers

April 29, 2020 | by Roy M. Doppelt

When two people, who are deeply in love, get married, the thought of divorce never crosses their minds. Sometimes these couples, who used to be so in love, find it difficult to stay together and their marriage ends in a divorce, Thus, the couple must prepare for separation. Divorce is never easy, be it a contested or uncontested. The spouses suffer, and even the children may be dragged into the mess, which can scar them for life.

If your marriage is at the verge of breaking, and you have started thinking of divorce, here are the things that you must know about divorces in San Diego.

California is a No-Fault State

Ways to Effectively Handle High Asset Divorce Cases in San Diego in 2020

April 16, 2020 | by Roy M. Doppelt

Divorce is a complicated matter, and it brings in mental, emotional, and financial instability in your life, regardless of the value of your case’s net worth. The emotions associated with a divorce are heightened as the complexity of the case increases. The higher the net-worth of a case, the more complicated things get in a divorce. Liquid assets that total to $1 million or higher fall under high-net-worth divorce cases.

As compared to couples with well-defined or limited assets, couples with complicated and high-net-worth assets have to face more challenges. Real-estate partnerships, closely-held business interests, stock options and voting rights, and deferred compensation are the type of financials that complicate matters. The right approach in such cases is to leave the task of determining the value of the assets to the professional family lawyers. It is essential because, in such high worth cases, it becomes very difficult to identify community and separate property in community property states such as California.

Here is a list of smart ways to effectively handle high net-worth divorce cases to make things a little less messy and complicated for you!

Attorneys Specify Mistakes to Avoid in Divorce in San Diego 2020 – Hear It from Experts

April 15, 2020 | by Roy M. Doppelt

As we know, each case is unique, but there’s always a right and a wrong way to go about divorce or separation. There are several things that both you and your partner can or should do in order to make the procedure go as easily as possible.

Unfortunately, throughout our years of experience in dealing with divorce proceedings, we have encountered a number of couples that were unintentionally or intentionally committing some common mistakes that hindered the process of divorce.

In this post, you’ll get informative guidelines regarding common mistakes to avoid:

Facts Surrounding Military Divorce in San Diego – From Divorce Lawyers of 2020

April 13, 2020 | by Roy M. Doppelt

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Out of all types of divorces, military divorces are the ones that are open to a higher number of complications. Military marriages are similar to the civilian divorces, however, there are a number of important differences that service members and their spouse will need to know.

The added complexities in military divorce make the process more stressful than the average divorce. If you have been serving in the military and are considering divorce, there is information you need to know. Military divorces do have similar matters such as spousal support, child custody and support, asset division, and debt division; however, there are other issues in a military divorce that are not part of a civilian divorce.

Attorney’s Specify Do’s of a Divorce – San Diego 2020

January 7, 2020 | by Roy M. Doppelt

Divorce or separations are the most difficult phase for the entire family, especially for the couple who is going through with such a stressful, confusing, emotional, as well as painful event. Things get worst when one spouse wants to stay married; on the other hand, one wants to file for divorce, and that’s sense like deep treachery. You may be upset, mad, and hurt, or you may even feel like your partner is making outrageous or unreasonable demands. In that situation, a person can easily lose control. But it is better to stay calm and try to be practical.

Here are some expert attorney’s specify do’s of a divorce while you are going through a divorce.

What are the Do’s of Divorce?