News & Analysis as of

Division of Assets Divorce Community Property

Lasher Holzapfel Sperry & Ebberson PLLC

What is a “Defunct Marriage” in Washington?

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

Obermayer Rebmann Maxwell & Hippel LLP

Should I Stay or Should I Go

The decision as to whether or not to leave the marital home upon the desire to divorce generally depends upon several factors. ...more

Obermayer Rebmann Maxwell & Hippel LLP

Identifying and Valuing Types of Assets in a Divorce

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

Winstead PC

Court Affirms Judgment In Divorce Proceeding That Property Was Community Even Though It Was Purchased With Trust Assets

Winstead PC on

In Leggio v. Florian, the trial court awarded three real estate properties to the wife over an allegation by the husband that all of the properties were his separate property. No. 14-21-00168-CV, 2022 Tex. App. LEXIS 5563...more

J.S. Held

Crypto After the Crash: Strategies for Resolving Valuation and Tax Issues in Matrimonial and Other Litigation

J.S. Held on

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

Obermayer Rebmann Maxwell & Hippel LLP

Breaking Down the Divorce Process Into 4 Easy Steps

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

Lasher Holzapfel Sperry & Ebberson PLLC

Community or Separate Property? Beware The Mortgage Rule

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

Lasher Holzapfel Sperry & Ebberson PLLC

A Primer on Community vs. Separate Property in Washington State

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

Burns & Levinson LLP

Can My Spouse Sell Assets During Our Divorce?

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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

Burns & Levinson LLP

Cryptocurrency, Digital Assets, and Divorce: How Do We Account for These Assets?

Burns & Levinson LLP on

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

Conyers

Divorcing the In-Laws: Marital Disputes and Their Effect on Wider Family Finances

Conyers on

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

Gray Reed

Texas Community Property Law and How to Plan Around it

Gray Reed on

Jack Bux and his high school sweetheart, Diane, have been married a few years, but the pandemic has taken its toll on their relationship, and they could soon be parting ways....more

Burns & Levinson LLP

Demystifying Myths About Dividing Assets in Divorce: Part 3 – The Contribution Factor – Celebrity Edition

Burns & Levinson LLP on

Perhaps growing up in Los Angeles took some of the fun out of celebrity gossip, but I never understood the fascination with stories about what is in the shopping cart of the (often shorter than advertised) celebrity standing...more

Burns & Levinson LLP

Protecting Marital Assets During the Pendency of a Divorce

Burns & Levinson LLP on

One of the biggest concerns parties have when going through a divorce is that their spouse will dissipate, hide, or move assets without their knowledge and consent. The fear is that once assets are gone, they can no longer be...more

Stange Law Firm, PC

Should My Name Be Taken Off The Mortgage?

Stange Law Firm, PC on

In many divorces, the marital home is one of the most valuable assets of the parties. There are three general possibilities in what to do with the marital home in a divorce...more

Obermayer Rebmann Maxwell & Hippel LLP

Selling Your House as Part of a Divorce

Selling your home and the attendant move to a new home are very stressful undertakings. Assuming these challenges while in the midst of the emotional rollercoaster of a divorce complicates the process, and significantly...more

Jaburg Wilk

Inadvertent Transmutation - How What was ‘Mine’ became ‘Ours’

Jaburg Wilk on

We frequently represent clients who have engaged in some type of transaction with his or her spouse during the marriage that inadvertently causes them to lose certain rights to property unknowingly. This often happens in the...more

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