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Category Archives: Division of Property

Full FInancial Disclosure

Full Financial Disclosure in a California Divorce

By Beck Law P.C. |

Do I have to make a full financial disclosure of all my financial information to my spouse during our divorce? The short answer is, YES! California Family Code Section 721 makes this fact very clear. FC 721 provides in part: “…in transactions between themselves, spouses are subject to the general rules governing fiduciary relationships… Read More »

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Unmarried couples

Unmarried Couples – Property Rights After The Breakup

By Beck Law P.C. |

These days, more and more couples are choosing to forego marriage and live together as unmarried couples. The question becomes — what rights do the parties have in the event the relationship terminates? Essentially, because there was never a legal marriage under California law, statutes under the California Family Code do not apply. California… Read More »

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gifts received during marriage

Gifts Received During Marriage From My Spouse

By Beck Law P.C. |

Do I get to keep gifts received during marriage from my spouse when we divorce? California is a community property state. What this means is, with some exception, property acquired during marriage is community property. Community property is not property itself, rather it is a right of equal ownership by the marital partners of… Read More »

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community property interest

Community Property Interest in the Separate Property of Either Spouse

By Beck Law P.C. |

What is community property interest? Under California law, during a divorce proceeding, personal property and real estate will be classified as either “Separate Property” or “Community Property” for purposes of division. California is a community law state, and as such, all property classified as community property will be subject to a 50/50 division of… Read More »

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divorce

Community Property Laws in California

By Beck Law P.C. |

California is a Community Property Jurisdiction state. Divorce and all the emotional strains that come with it can be a very trying time for couples who, when they got married, never contemplated the idea that their relationship would ever fail, and that they would be seeking a legal end to their union. But then,… Read More »

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dividing intelectual property

Dividing Intellectual Property in a Divorce

By Beck Law P.C. |

Dividing intellectual property in a divorce. A common (and difficult) part of divorce involves dividing the community property between divorcing spouses. Such community property may often include bank accounts, family homes, vehicles, investment accounts, business interests, and the like. The assets you and your divorcing spouse share may also include various types of intellectual… Read More »

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dividing marital assets

Dividing Marital Assets in a Divorce – Goodwill

By Beck Law P.C. |

Dividing marital assets in a divorce – goodwill. One of the most challenging parts of a divorce involves dividing marital assets between divorcing spouses. Couples easily recognize that such assets includes things like the family house, the family car, and the family bank account. However, many divorcing spouses do not recognize that such assets… Read More »

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lying about money

My Soon to Be Ex Is Lying About Money – Financial Infidelity

By Beck Law P.C. |

My soon to be ex is lying about money – financial infidelity. Divorce is never a pleasant process, and the emotions associated with a broken marriage can influence both spouses to make inadvisable decisions. In all contested divorces, and many uncontested divorces, both spouses must sign a financial affidavit. By doing so, the spouses… Read More »

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california teachers retirement

California Teachers’ Retirement is Community Property

By Beck Law P.C. |

California teachers’ retirement is community property. CalSTRS was founded in 1913 and is part of the State of California’s Government Operations Agency. The California State Teachers’ Retirement System (CalSTRS) provides retirement, disability and survivor benefits for California teachers and their families. CalSTRS participants are not eligible for Social Security retirement benefits unless from another… Read More »

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community property danger

The Pitfall of Real Property Transfers In Divorce Proceedings

By Beck Law P.C. |

The pitfall of real property transfers in divorce proceedings. During a divorce proceeding, unwary parties erroneously believe that if they obtain a fully executed transfer deed from the other spouse, then based on this alone, the real property is now their separate property. This is the pitfall. The division of community property arises in… Read More »

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