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Posts tagged "Property Division"

Community property, debt and its impact on one's credit

In today's world a good credit score is a very valuable asset. It can affect one's ability to get credit and can also be a factor in obtaining employment. A married couple often builds a credit history jointly through shared credit cards, mortgages and car loans. If the couple divorces, these debts may be considered part of community property in California.

Community property state treats debt differently in divorce

Dividing up debt does not follow absolute rules in a divorce proceeding. Even though one party assumes all of the debt by being the only person named on a credit card account, for example, courts will sometimes order that the other party pay some or all of the account balance. Courts generally have the authority to divide assets and debt with a certain discretionary authority intended to achieve fairness in divorce.  California is a community property state and thus the rules for debt and asset division are somewhat at variance with the majority of states.

Community property and handling credit card debt in a divorce

When a couple decides to move forward with divorce, it is a decision that will being many significant changes to to the lives of both parties. Division of marital property and how credit card debt is handled will affect a person's financial stability for years to come. California is a community property state, which means both spouses are considered equally responsible for any credit card debt accumulated over the course of the marriage until the date of separation.

Giuliani and wife clash as they begin to divide property

California residents may be aware that former NY Mayor Rudy Giuliani and his wife Judith are moving through a high asset divorce. As they navigate that process, the couple are at odds over how much money Mr. Giuliani is bringing in. According to his 2017 tax returns, he made $9.5 million last year. As the couple negotiate how to divide property, however, Giuliani claims his income has dropped off drastically this year. 

Property division and the prenuptial agreement

A prenuptial agreement may not be the most romantic part of planning for a wedding; however, many California couples discover that it is an essential part of the planning process. As the couple is planning to say "I do," they are not anticipating the end of their relationship. Yet, research shows that approximately half of all marriages end in divorce; this number is even higher for second and third marriages. By discussing financial and property division matters and expectations prior to the wedding, the couple can lay a foundation for communication and planning for future needs.

Divorce can have financial and tax implications for the individua

School will be starting soon, and then the holidays will be here. Would it be better to file for divorce now or wait until the New Year? These are common thoughts that often run through one's head while making the decision to divorce. In addition to these considerations, many California residents also find it advisable to consider the tax implications associated with the various decisions that need to be made.

Property division discussion part of planning beyond the wedding

A wedding is an exciting event. The bride and groom spend countless hours planning and preparing for this glorious event. Yet, all too often, they spend more time planning for the wedding than they do planning for the marriage. In today's society, many California engaged couples bring with them significant assets, children from a previous relationship and even a possible interest in an ongoing business. In light of these aspects, the couple will also want to spend time discussing how decisions will be made throughout the marriage, their philosophy regarding spending and budgeting as well as how property division will be addressed in case of death or divorce.

Hidden assets - the truth will come out

Advances in technology are wonderful. While they can be enormously beneficial to individuals and society, they can also be abused and used for illegal and immoral purposes. California residents who are going through divorce may be aware of a particular technology that is sometimes employed in the creation of hidden assets.

Property division: does a short sale mean the short straw?

Mortgages and realty ownership can be complicated at the best of times. When a California couple divorce, the marital home may be dealt with in a number of ways. If there is no definite severing of rights and responsibilities on mortgage agreements and realty deeds, then problems may arise again in respect of property division, sometimes years following finalization of the divorce.

Property division: the $1 million question

Money, or the love of it, may or may not be the root of all evil: however, there is no doubt that it can cause many an argument. When California residents divorce, an individual retirement account may be part of the property division. What may start off as an amicable agreement could potentially end up as a bone of contention further down the line. A woman from an unknown state was divorced from her husband about a year ago, and she is now questioning whether she should have handled things differently regarding the division of a shared individual retirement account with her ex-husband.

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