Category Archives: Property

Valuing a Community Property Business in a Divorce

In re Marriage of Garrity and Bishton involved the valuation of a law practice which was community property. FACTUAL BACKGROUND OF THE DISSOLUTION The parties in this marriage were only married three years. They were both attorneys and both had … Continue reading

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In Re Marriage of Moore

In re Marriage of Moore defined the amount the community gains when it pays down the mortgage of a home owned by one spouse. FACTUAL BACKGROUND OF THE DISSOLUTION The wife in Moore purchase a home before marriage. During the … Continue reading

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Business Valuation in a Dissolution

In re Marriage of Lopez involved the division of a law practice in a divorce. Although the case occurred in 1974, it is still valid law today. FACTUAL BACKGROUND OF THE DISSOLUTION The husband in this case started a law … Continue reading

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Who Gets The Growth After a Retirement Account is Divided?

At issue in Janes v. Janes is whether or not a wife is entitled to the gains and losses associated with a “divided” retirement account. FACTUAL BACKGROUND OF THE DIVISION OF THE RETIREMENT ACCOUNT In 2010 the parties signed a … Continue reading

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Watts Charges and Epstein Credits in California

Miller v. Cooper involves issues relating to reimbursement for Eptein credits and Watts charges. FACTUAL BACKGROUND OF THE DIVORCE PROCEEDINGS The parties lived in California during their marriage until the husband was transferred to different states for work resulting in … Continue reading

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Commingling of Separate Property Assets and Community Property Assets

      Higinbotham discusses the commingling of assets during a marriage and the effect it has on separate property. FACTUAL BACKGROUND OF THE DISSOLUTION PROCEEDINGS       The husband owned a house before the parties were married. After the parties married, the … Continue reading

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Division of Retirement Accounts Disability Pay in California

The court In re Marriage of Mueller decided whether or not the husband’s military disability pay was his separate property or the community property of both spouses. FACTUAL BACKGROUND LEADING TO THE DISSOLUTION The parties were married for almost 26 … Continue reading

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The Division of Retirement Benefits such as Pension Plans and Social Security in Orange County Divorces

In re Marriage of Peterson discussed the impact that two different retirement systems have in a California dissolution proceeding. FACTUAL BACKGROUND LEADING TO THE DISSOLUTION The parties were married for almost 16 years. During the marriage, the husband contributed to … Continue reading

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Community Interest in Separate Property Owned Before Marriage in California

In Lafkas v. Lafkas, the appellate court remanded the case back to the trial court for the judge to determine the community property interest in a business where a loan was issued during the marriage to benefit the business. FACTUAL … Continue reading

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Non-Compete Orders in California Divorces

Gréaux v. Mermin is a divorce action that involved the valuation of a business, the award of the business, and a non compete with the business clause. FACTUAL BACKGROUND LEADING TO THE DISSOLUTION The parties started a business together during … Continue reading

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