by Shawn Weber, JD, CLS-F | Feb 13, 2013 | Uncategorized
The “Dolphin Lawyer” Shawn Weber
I was happy to make another appearance on the Real Estate Radio Hour on San Diego AM 1700 ESPN Radio. This time I was able to talk to hosts Ryan White and David McElveen about Collaborative Divorce, Mediation, deferred sale of the family residence and “nesting” where the kids get the house and the parents pack their bags instead of the kids. It’s a lot of fun to sit down with Ryan and David to talk about “Love and Real Estate” — especially right before Valentine’s Day!
Give it a listen and let me know what you think!
Here’s the link to the podcast: View in iTunes
Real Estate Radio 2013-02-12
by Shawn Weber, JD, CLS-F | Nov 28, 2012 | Uncategorized
Shawn Weber, Attorney at Law
www.bravewebermack.com
In California, the question that should be asked is not when the divorce is legally finalized, but when you were separated. California law defines your date of separation as that day on which it was clear to both parties that the marriage was irretrievable. That could be the date a spouse moved to a separate residence or the date a Petition for Dissolution of Marriage was filed at court. If the house was acquired after the date of separation, it will be considered separate property. (Beware: if you use community property funds to purchase the house or to make a down payment, you run the risk of giving your ex-spouse an interest in the property or – at the very least – a right to reimbursement.)
BE CAREFUL! Adding a spouses name to the title for a piece of separate real property (i.e., a deed) will turn the property into a community asset. However, a right to reimbursement of the separate property investment will still stand.
