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.
by Shawn Weber, JD, CLS-F | Nov 21, 2012 | Uncategorized
I found this joke on the internet here: http://zimmer.csufresno.edu/~sasanr/Funny-Stuff/thanksgiving.htm
I am not sure who authored the joke because it’s all over Google. But, I thought I would share it to possibly give you a much needed laugh for Thanksgiving. Enjoy!
A man in Phoenix calls his son in New York the day before Thanksgiving and says,”I hate to ruin your day, but I have to tell you that your mother and I are divorcing; forty-five years of misery is enough.”
“Pop, what are you talking about?” the son screams.
“We can’t stand the sight of each other any longer,” the father says. “We’re sick of each other, and I’m sick of talking about this, so you call your sister in Chicago and tell her.”
Frantic, the son calls his sister, who explodes on the phone. “Like heck they’re getting divorced,” she shouts, “I’ll take care of this.”
She calls Phoenix immediately, and screams at her father, “You are NOT getting divorced. Don’t do a single thing until I get there. I’m calling my brother back, and we’ll both be there tomorrow. Until then, don’t do a thing, DO YOU HEAR ME?” and hangs up.
The old man hangs up his phone and turns to his wife. “Okay, honey ” he says, “they’re coming for Thanksgiving and paying their own way.”
by Shawn Weber, JD, CLS-F | Nov 16, 2012 | Uncategorized
By Shawn Weber, Attorney at Law
No. In California divorce law, it is important to distinguish “community property” from “separate property”. §761 of the California Family Code provides that “except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.” But, §770 of the California Family Code provides that separate property of a married person includes the following: (1) all property owned prior to the marriage; (2) all property acquired after the marriage by gift or inheritance; and (3) all rents, issues and profits of any separate property asset.
When a couple divorces in California, the court will divide all of the community property in half and award 100% of the separate property to its respective owner. This means that if you own property prior to getting married it remains your separate property even after you break up. However, there are some exceptions to this rule. For instance, if you commingle your assets you can make an asset community property. Also, if you make a down payment on a piece of real estate with separate property funds prior to the marriage, but throughout your marriage you make mortgage payments from your community wages, your spouse will have a community interest in that property known as a Moore-Marsden interest, which is calculated with a formula based upon the amount of loan principal paid from community funds. However, you will get your separate property down payment back.
For a free consultation about your property and family law, call San Diego Attorney Shawn Weber at 858-410-0144.
by Shawn Weber, JD, CLS-F | Nov 14, 2012 | Uncategorized
Last Thursday, November 8, 2012, I was very pleased to appear on the local radio show, Real Estate Radio, on San Diego AM 1700 ESPN Radio. The topic was “Love and Real Estate.” I enjoyed the opportunity to have a conversation about how California Family Law can affect relationships as it relates to questions of real estate.
Listen to to the podcast here: http://nxtgrp.com/podcast/realestateradio/?p=episode&name=2012-11-10_rer-ep121108.mp3
I was also very pleased to have a chance to spread the word about Collaborative Divorce as an alternative to litigation at court.
Thanks to Real Estate Radio for having me on!
by Shawn Weber, JD, CLS-F | Aug 31, 2012 | Uncategorized
I came across this article from Time Magazine by BELINDA LUSCOMBE about a family judge in Canada that basically flipped out on a couple because their behavior during the divorce was so bad. The Judge apparently wrote his opinion having taken a very dim view of both parties. I particularly enjoyed his dark and sarcastic tone in his very unusual order. However, the opinion underscores in a humorous way a significant problem facing many family court judges. I have often heard the saying that in Criminal Court, we have bad people on their best behavior. But in Family Court we have good people on their worst behavior. I wonder how many family judges have considered making an order like this one.
Here’s the link to the article. http://healthland.time.com/2011/01/05/the-family-judge-who-flipped-out/
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.)