Category Archives: Separate Property

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

Posted in Community Property, Separate Property | Leave a comment

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

Posted in Community Property, Property, Separate Property | Leave a comment

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

Posted in Community Property, Retirement Benefits, Separate Property | Leave a comment

Division of Property in a Divorce When Title is Solely in One Spouse’s Name

According to Valli the presumption of title and not the presumption of the time of purchase will determine whether an item is community or separate property. FACTUAL BACKGROUND LEADING TO THE DISSOLUTION The parties purchased a life insurance policy during … Continue reading

Posted in Community Property, Separate Property | Leave a comment

Am I Entitled to My House in a Divorce if I Signed a Deed Giving it to My Spouse?

The Marriage of Stoner examined the community interest and the separate property interest of a home purchased before marriage. FACTUAL BACKGROUND LEADING TO THE DISSOLUTION The wife owned a home before marriage and sold it. She used the proceeds from … Continue reading

Posted in Community Property, Separate Property, Transfer of Property, Transmutation | Leave a comment

Both Parties are Entitled to be Reimbursed for any Separate Property Contributions to Community Real Property.

The court in Rico determined whether the separate property contributions of both spouses to real property purchased as tenants in common before marriage required reimbursement when the property was converted to joint tenancy during the marriage. FACTUAL BACKGROUND LEADING TO … Continue reading

Posted in Community Property, Property, Separate Property | Leave a comment

Is a Community Contribution to One Party’s Separate Real Property Considered a Gift?

 In the Allen case, the court addressed whether capital improvements which were paid for by community property to one spouse’s separate property can be reimbursed. FACTUAL BACKGROUND LEADING TO THE DISSOLUTION OF MARRIAGE The parties were married in 1981. … Continue reading

Posted in Community Property, Separate Property, Transfer of Property | Leave a comment

A Deed is Usually a Sufficient Writing to Transfer Separate Property to Community Property.

Decisions made in a probate court help interpret the family law code which is primarily focused on divorce issues. The Estate of Everett L. Bibb, Jr, did not involve a divorce, but rather the process of taking a decedent’s estate … Continue reading

Posted in Community Property, Orange County Family Law Lawyer, Separate Property, Transmutation | Leave a comment

Is a partnership distribution which was not paid before the date of separation, community property in a California Divorce?

The court in Foley v. Foley decided that Partnership distributions from employment at a law firm are community property in California to the extent they were earned during the marriage. FACTUAL BACKGROUND LEADING TO THE DISSOLUTION OF MARRIAGE During the … Continue reading

Posted in Community Property, Orange County Family Law Lawyer, Property, Separate Property | Tagged | Leave a comment