What is Community Property?
Merriam-Webster defines “defunct” as “no longer living, existing, or functioning.” In Washington, a “defunct marriage” is a term for spouses who have given up any hope of salvaging the relationship, and yet for whatever...more
This article examines the importance of spousal consents in Arizona and New Mexico. Under Arizona law, lenders cannot enforce a guaranty against community property if the guarantor’s spouse did not consent to it. New Mexico...more
What are some of the fundamental issues when estate planning for business owners? Why should every business owner have an estate plan? What are some of the primary issues to address in an effective estate plan for those who...more
The decision as to whether or not to leave the marital home upon the desire to divorce generally depends upon several factors. ...more
One of the most common assets that divorcing couples own is real property. In many cases, the real property is limited to the marital residence. However, some cases also involve either residential or commercial investment...more
Unknown to many Floridians, Florida enacted the Community Property Trust Act which went into effect on July 1, 2021, and established the ability to convert non-community property into community property. The community...more
Around the world there are millions of people who rely on insurance for homes and vehicles to celebrity body parts. Nowadays, there is even insurance to cover the postponement or cancellation of one’s wedding. Ironically,...more
Student loans have become a familiar discussion among families and, more recently, a subject for debate between the federal government and the Courts....more
In Pennsylvania Divorces, equitable distribution is the mechanism that the Court must follow when dividing marital assets. This means that the courts divide marital property based on the principles of equity....more
The demographics of family life have changed a lot in recent decades. Young people are marrying less and later in life when they do. The number of young people interested in having kids is in decline. And older folks are...more
The cryptocurrency market was down approximately 64% for the year 2022, with most of the decline occurring before the FTX collapse. For many, this news may bring a feeling of JOMO (Joy of Missing Out). For practitioners...more
Something we hear from many clients when they come for their initial consultation is that the divorce process can be overwhelming and confusing. While every divorce is different, all divorces can be broken down into four...more
As a recent post by Stephanie Stecklair Tarantino notes, many family law attorneys are gearing up for what is commonly known as busy season. This is an increase in divorce matters that typically occurs after the holidays....more
While many industries may enjoy a quiet entrance into 2023, family law attorneys gear up for what is commonly known as “busy season” as people decide to embrace the “New Year, New Me” and contemplate what was once...more
What you don’t know about your mortgage could hurt you. In Washington State, we are not a “title state.” Accordingly, placing your spouse’s name on the title of a separate real estate does not automatically make it community...more
The lyrics “We only said goodbye with words” were famously written and sung in Back to Black by Amy Winehouse. The song was about the ending of a relationship, and the theme of goodbye. Under Washington law, “words of...more
As a divorce lawyer in Washington State, it is common for new clients to come in to our first meeting with the understanding that Washington is a community property state and believing that this means all property and debts...more
In divorce people regularly fight over who will keep the marital residence. Sometimes people want to keep the house for sentimental reasons. ...more
Divorcing spouses often have a number of business issues to resolve, but one key aspect that is often overlooked takes place when divorce settlements involve the division of an ownership interest in a private company. ...more
The saying that “the beaten road is the safest” is typically associated with advice not to take unnecessary risks and to play things safe. In the law, the notion rings true for courts and their adherence to established...more
Many divorcing spouses worry about the possibility of their spouse selling assets during a divorce and leaving little or nothing to be divided. It can be particularly problematic if a spouse was financially controlling or...more
In recent years, cryptocurrency has sparked concern in some divorcing clients. We hear questions such as “I believe my spouse has cryptocurrency or other digital assets and we are going through a divorce. What can I expect?”...more
Generally, when a taxpayer makes an overpayment of tax, the IRS refunds the overpayment to the taxpayer. But this is not always the case. For example, the IRS has the statutory authority to credit (or offset) an overpayment...more
In most cases, a marriage represents the joining of two families, rather than simply the two individuals who take vows. It is perhaps unsurprising therefore that the emotional fallout of a divorce can similarly involve the...more
October 2021 Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - Federal interest rates increased slightly for October of 2021. The October applicable...more