When Can a Spouse Be Reimbursed For Contributions to Community Assets?

Video Transcript This next edition of our web dialogue on family law deals with a quite interesting part of the law relating to property division. This is a section of the law that a lot of clients have questions about which I think is really helpful. It deals with Family Code Section §2640. It is the right that spouses have to be reimbursed for separate property contributions to the acquisition of community property assets. Where this comes up frequently is when a spouse brings money into the marriage and typically it is used to buy a house, or maybe a…

Who Gets to Decide Where The Kids Go To School?

When two people share a child but are separated and not raising that child together, many issues can come up when it comes to important decisions for the child. For example, when the child begins school or transitions to a new school, someone will need to determine what school the child should attend. Who Decides Where the Kids Go To School? The determination of where a child should go to school is generally made by the parent who has legal custody of the child. Legal custody is different than physical custody. Physical custody refers to where the child lives and…

What Are the Grounds for Having a Marriage Annulled in California?

Having a marriage annulled is different from getting a divorce, and a legal annulment is different than a religious annulment such as one performed by the Catholic church.  When you secure a legal annulment, it is as if the marriage never happened in the eyes of the law.  Many people prefer this in order to avoid the stigma that they believe is associated with divorce, but annulment is not an option for everyone. Marriages that are annulled are generally very short in duration and no children are produced in the marriage.  The grounds for annulling a marriage are classified into…

What is the Difference Between Seeking a Legal Separation and a Divorce?

If you are no longer happy living with your spouse, then you may be considering separating your legal partnership.  There are a couple different possible steps that you can take in order to formally split from your spouse. One option is a legal separation. The other option is a divorce. What is the Difference Between a Legal Separation and a Divorce? A legal separation and a divorce are similar in many ways. A legal separation and a legal divorce both can allow you to get a formal contractual agreement in place regarding how custody, assets and money are shared once you are no longer…

Who Should Move Out of the Family Residence During a Divorce?

Many married couples own property together, and the question of what should happen to the family home can become a contentious one in divorce. Unfortunately, as soon as a couple decides to separate or split up, a decision will need to be made as to who should stay in the family home even before the divorce is granted. This means that you may need to decide who should stay in the family house while the divorce is pending and then separately tackle the issue of who should keep the home after the divorce is finalized. Making the decision of who…

The Enforcement of Premarital Agreements upon Death

Spouses often enter into premarital agreements to define their respective property and support rights in the event their marriage terminates by way of dissolution. The premarital agreement will also usually define the parties’ rights to share in each other’s estate upon death by requiring specific inheritance provisions to the surviving spouse and/or waivers of statutory inheritance rights. The surviving spouse may learn that the deceased spouse neglected to include terms in his or her estate plan which their premarital agreement required. It is critically important that the estate planning attorney work in conjunction with the family law attorney preparing the…