RECENT SUCCESSFUL OUTCOMES FOR W&F ATTORNEYS Located in Mission Valley – Easy Parking – Private Consultation From time to time we like to share information about the successes that our attorneys have had in recent cases that they have been working on. This synopsis is by no means an exhaustive list of every case we have handled. For more information… READ MORE
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Posts Categorized: Marital Property
Community Property Division and Life Insurance
Community Property and Title Presumptions – Recent CA Supreme Court Decision re: Life Insurance The California Supreme Court heard one family law case in 2014, In Re Marriage of Valli (“Valli”), which required the Court to determine whether a life insurance policy purchased during marriage, but titled in one spouse’s name alone should be classified as community or separate property.… READ MORE
Importance of Effective Counsel in Family Law Cases
INEFFECTIVE ASSISTANCE OF COUNSEL IN FAMILY LAW PROCEEDINGS In the recent case of In re Marriage of Campi, 212 Cal.App.4th 1565 (2013), husband and wife of a twenty-year marriage decided to separate, and then disputed over the dissolution of their marriage for the following seven years. The husband requested a community property home become his separate property. The parties agreed… READ MORE
Default Judgments Must Match Divorce Petition Relief Sought
Default Judgments – Trial Courts Must Carefully Examine Petitioner’s Complaint A default judgment in dissolution of marriage cases is a judgment attained when the respondent does not respond to the case and the petitioner files a request with the court to move forward in the case without the respondent’s involvement. The word “default” is literally defined as a defendant’s (in… READ MORE
When is a Joinder in a Family Law Case Appropriate?
In family law cases (as well as “civil” cases generally), either party is allowed to request that the court “join” someone or some entity to the family law case. When the court “joins” a person or entity to a case it has the effect of that person/entity becoming a party to the case. In a recent unpublished opinion from District… READ MORE
Tracing Separate Property can be a Difficult Task
California Upholds Strict Tracing Requirements for Reimbursement Claims In every California dissolution (divorce) proceeding, the court is required to divide the parties’ community property estate. The community estate includes the property acquired by either party during the marriage with several exceptions. Inheritances, for example, are not part of the community estate. In the division of the community estate, unless a party signs… READ MORE
Insurance Policy Acquired During Marriage is NOT Community Property?
Community Property Presumptions and Importance of Title In the May 2011 case of Irmo Valli, the Court of Appeals reversed a family trial court’s judgment that an insurance policy that was taken out during marriage and paid for with community property was community property. The Court of Appeals said that the insurance policy was the separate property of the wife,… READ MORE
Voluntary Execution of Quitclaim Deed During Marriage May be Set Aside
Even if spouse freely and voluntarily signs a Quitclaim Deed during marriage, if there is a promise to restore title to joint ownership, the Deed may be set aside In Fossum, (2011) (CA 2/1 – Opinion filed January 28, 2011), a Husband and Wife married in 1994 and purchased a home jointly thereafter. To secure a better interest rate, Wife… READ MORE
Deferred Sale of Family Residence is Possible in Divorce
Owning a Home and Getting Divorced: Is Delaying Sale Possible? San Diego Divorce Expert Attorney Answer If you and your spouse have recently decided to separate or get divorced there are many questions you may have. You may be wondering, where am I going to live? How are my finances going to change? Who is going to get custody of the… READ MORE