News & Analysis as of

Marital Assets Community Property Divorce

Fleurinord Law PLLC

Golden Divorce & Estate Planning: Why Updating Your Beneficiaries is Essential

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The term "gray divorce" is commonly used to describe later-life separations, but "golden divorce" might be a more fitting term, suggesting optimism and new beginnings. This concept reminds me of the beloved 1980s sitcom The...more

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

Jaburg Wilk

How Are Rental Real Estate Investments Handled In A Divorce?

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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

Lasher Holzapfel Sperry & Ebberson PLLC

Did You Buy Marriage Insurance? The Importance of Prenuptial Agreements in Community Property States

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

Ward and Smith, P.A.

Student Loan Woes: How Marriage and Divorce Affect Student Loans

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Student loans have become a familiar discussion among families and, more recently, a subject for debate between the federal government and the Courts....more

Fox Rothschild LLP

Can Divorce & Retirement Be Compatible?

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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

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

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

Did You Really Say Goodbye? What is the Date of Separation and What is the Legal Impact of that Date in Divorce?

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

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

Bradley Arant Boult Cummings LLP

Beware the Empty Chair in Marital Divorce Negotiations: Company Ownership Issues Should Be Considered in Divorce Settlements

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

Lasher Holzapfel Sperry & Ebberson PLLC

In re Marriage of Watanabe: Washington Divorce Law: Still No Joint Title Gift Presumption

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

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?

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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

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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

Fox Rothschild LLP

Buying Out A House In Divorce. Update Comps!

Fox Rothschild LLP on

This will be short, for once. Divorce often involves one spouse buying out another from the marital residence. Best advice was, and still is, home values are such that paying for an appraisal can be useful. But of course,...more

Burns & Levinson LLP

Rule 401: The Financial Statement

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In every Massachusetts divorce matter, parties are required to file financial statements with the Court within 45 days of service of the summons and to update and file new financial statements for each court appearance at...more

Burns & Levinson LLP

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

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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

Lewitt Hackman

Getting Married in California? Here’s What You Should Know

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Many Californians get married without understanding the contract they are entering into. Here are the basics of California Family Law...more

Stange Law Firm, PC

Should We Live In The Same Home During Divorce?

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When a divorce is filed, the couple often begins the process while living together in the same home. The question then for many is whether or not this is sustainable....more

Stange Law Firm, PC

Should My Name Be Taken Off The Mortgage?

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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

Stange Law Firm, PC

Importance of Spreadsheeting Your Assets

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Spreadsheeting marital assets and debt is an important part of any divorce matter. In a collaborative divorce, the parties have to divide marital property and debt in a just manner when considering all relevant factors. This...more

Stange Law Firm, PC

What happens when we cannot agree on sale terms for a house?

Stange Law Firm, PC on

In many divorce cases, the parties have own their home. When parties divorce and they own a home, there are typically only three options. The first option is that the husband keeps the house, but refinances the mortgage to...more

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