Divorce

Transferring Personal Property Between Spouses – financial instruments

Child Custody, Divorce, Family Law, Insights, MarriageFebruary 20, 2017

Transferring Personal Property Between Spouses – financial instruments When personal property is awarded to one spouse in a divorce decree, the answer is not always as simple as handing that property over to your former spouse and walking away. Perhaps the property in question is in your name only, or in the names of both…

Read article

What’s The Difference Between Real And Personal Property?

Child Custody, Divorce, Family Law, MarriageFebruary 17, 2017

What’s The Difference Between Real And Personal Property? When you search for the word “property” on the Internet, you’ll likely come across the terms real property and personal property. Understanding the differences between these two property types is important. Real Property When someone mentions real property, they’re talking about a family home (along with any…

Read article

What You Should Know About Separate Property

Child Custody, Divorce, Family Law, Insights, MarriageFebruary 7, 2017

What You Should Know About Separate Property As we’ve learned from previous articles, separate property belongs to one spouse – meaning, it was obtained before the marriage existed, received through inheritance, or as a gift. There is no split ownership between the spouses, and a court cannot legally award what already has been confirmed as…

Read article

Decision Time: 3 Ways A Court Divides Community Property

Child Custody, Divorce, Family Law, Insights, MarriageJanuary 31, 2017

Decision Time: 3 Ways A Court Divides Community Property Seldom can we make a decision in our personal lives – a good decision, anyway – without first having all the facts in front of us. Well the court system clearly works the same way, and now that the court hearing your divorce case has been…

Read article

What Your Role Is In Dividing And Confirming Marital Property

Child Custody, Divorce, Family Law, MarriageJanuary 16, 2017

What Your Role Is In Dividing And Confirming Marital Property The court ultimately decides who gets what marital property when divorcing spouses cannot agree, but that is not to suggest each spouse is taken completely out of the equation. The court welcomes valid evidence or claims a spouse has that could affect division and confirmation.…

Read article

Valuing Marital Property – Fair Market vs Intrinsic Value

Divorce, Family Law, MarriageJanuary 10, 2017

Valuing Marital Property – Fair Market vs Intrinsic Value Before a court can officially act on the division of marital property in any divorce case, a value must be placed on all spouses’ assets and liabilities. Having a value placed on property – even if it has been deemed one spouse’s separate property – allows…

Read article

Summary of Common Family Law Terms (Vol. V)

Child Custody, Child Support, Divorce, Family Law, MarriageJanuary 4, 2017

Summary of Common Family Law Terms (Vol. V) We have discussed a great deal of family law terms over the last few months. Now it is time to take a brief timeout to look back on a some of the more noteworthy concepts I do this periodically because it’s not like this is everyday language.…

Read article

Does the court hearing your divorce case have full jurisdiction?

Child Custody, Divorce, Family Law, Insights, MarriageDecember 26, 2016

Does the court hearing your divorce case have full jurisdiction? When divorcing, if spouses cannot agree on a fair and equitable division of marital property, they rely on the court to decide who gets what. That seems like a full proof way of settling the argument, right? Well, yes and no. Simply put, courts have…

Read article

Dividing and Confirming – A Digestible Overview

Child Custody, Divorce, MarriageDecember 26, 2016

Dividing and Confirming – A Digestible Overview So you are getting divorced, and now the dreaded conversation of dividing up all that marital property – the house, land, retirement accounts, supposed separate property, etc. – is rearing its ugly head. Something has got to give, right? Which one of you is going to crack first?…

Read article

Suit for Sibling Access

Child Custody, Divorce, Family Law, Insights, MarriageDecember 7, 2016

Suit for Sibling Access – In certain circumstances, a situation may arise where an older sibling requests to gain access to, or custody of, a younger sibling. We have written at great length about conservatorship suits, so this blog will strictly stick to suits for sibling access. For a review of conservatorship suits, go here…

Read article