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Property Division Archives

Business ownership and divorce settlement

California business owners who are going through a divorce may face a variety of issues as it relates to creating a settlement. In some cases, the owner's spouse may attempt to get a share of future profits as well as base alimony demands on the value of the company. This is referred to as "double-dipping", and it may be possible to craft a final divorce settlement that prevents this from occurring.

Advantages of refinancing a home as part of divorce

Dividing a house is one task couples in California might have to do if they are getting a divorce. Refinancing can protect the spouse that is not keeping the home. Often, if a person does not refinance, he or she will stay on the mortgage and be considered equally responsible for paying it.

Tax changes after a divorce

When California couples get a divorce, their taxes will change including a shift from filing as married to filing as single or head of household. If the divorce happened at any time during the year including the last day of the year, then they are no longer considered married during that year for tax purposes. An annulment means that it will be necessary to file amended returns since the couple will no longer be considered to have been married in those years.

What to consider when trying to retain the marital home

California residents who are in the process of getting a divorce are likely considering their future living arrangements. In many cases, one or both spouses want to retain ownership of the matrimonial home. Spouses who want to keep the mortgage and marital home might want to consider several aspects of their finances before making a decision.

What to consider when trying to retain the marital home

California residents who are in the process of getting a divorce are likely considering their future living arrangements. In many cases, one or both spouses want to retain ownership of the matrimonial home. Spouses who want to keep the mortgage and marital home might want to consider several aspects of their finances before making a decision.

Divorce court lacks authority over bankruptcy

California residents who are concerned about how bankruptcy may affect their divorce settlement may be interested to learn of a March bankruptcy court ruling. According to a federal bankruptcy judge, a divorce court does not have the authority to determine which obligations can survive bankruptcy.

Divorce court lacks authority over bankruptcy

California residents who are concerned about how bankruptcy may affect their divorce settlement may be interested to learn of a March bankruptcy court ruling. According to a federal bankruptcy judge, a divorce court does not have the authority to determine which obligations can survive bankruptcy.

When a third-party trust is considered shared property

Since California is a community property state, most assets acquired during marriage are considered marital property to be divided in the case of a divorce. However, there are a few exceptions to this rule, including inheritances. To maintain an inheritance as separate, the beneficiary should not commingle that money with jointly owned assets.

When a third-party trust is considered shared property

Since California is a community property state, most assets acquired during marriage are considered marital property to be divided in the case of a divorce. However, there are a few exceptions to this rule, including inheritances. To maintain an inheritance as separate, the beneficiary should not commingle that money with jointly owned assets.

Developing a housing budget after divorce

Emotional issues often drive people's decision to end a marriage, but the divorce process entails many important financial considerations. Once a couple splits, each party must establish a new household with a single income, which could be difficult in many housing markets in California.

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