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Recent Posts in Property Division Category

  • Does Nesting Help Your Children through Divorce?

    || 3-Nov-2016

    Divorce has evolved over the last couple of years. With women earning better wages and father’s looking to be involved in custody, old traditional divorce agreements have fallen by the wayside and new, creative solutions are being experimented with and implemented. Many divorced couples have tried to find stability for their children and are turning to “nesting” to provide their ...
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  • How is Retirement Divided in Divorce?

    || 22-Feb-2016

    In divorce proceedings, property division also includes retirement accounts. Whether it’s a pension, 401(k), IRA, or stock bonus plan, these can all be included in your divorce property settlement. In order to avoid a tax catastrophe if a mistake is made, it’s important to divide each of these accounts by utilizing a qualified domestic relations order (QDRO). A QDRO determines the ...
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  • Can I Get My Down Payment Back if I Bought the House Before Marriage?

    || 28-Dec-2015

    One of the questions that many divorcing couples often ask is about their home. In California, our state differentiates between individual property and marital property. The former is the property that belongs solely to one spouse while the latter is all of the assets and properties acquired during the marriage. Your home could be considered separate property under the following conditions: You ...
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  • What Is "Separate Property?"

    || 14-Dec-2015

    During a divorce, the courts will take into consideration the respective properties in the marriage – separate property and marital property. When you enter a marriage, everything becomes shared. It is not only limited to finances but also the home where you live. How do you determine what is separate property and what will remain yours in the event of a divorce? How the Law Views Separate ...
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  • One Spouse Wants the House-What Happens Next?

    || 19-Jan-2015

    Asset division is often one of the most contested aspects of a divorce and with good reason. But when it comes to the marital home, the stakes are raised even higher. The home's worth only serves to complicate matters further, throwing many for a loop. It's only natural to assume that when one spouse wants to keep the house, the other party wants their name removed from the mortgage. What ...
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