An interesting decision out of an Australian Federal Circuit Court this month caught our eye when a judge ruled that a man was entitled to only 1/3 of the marital estate because he had been diagnosed with terminal cancer and was estimated to live for only one more year. In…
In two previous posts, we discussed the very important Moore/Marsden formula, which is the formula that determines the community interest in real property when the community pays down mortgage principal on the separate property of another spouse. In the first post, we discussed the basic formula, while noting that in…
Famous clothing designer, Karl Lagerfeld once said of photographs, “What I like about photographs is that they capture a moment that’s gone forever, impossible to reproduce.” Mr. Lagerfeld captured in that simple quote what it is we humans love so much about photographs; capturing moments. Until scientists are able to…
The lender intent rule in California family law is, at once, one of the most consequential and one of the most unfathomable rules. The general idea is this: if a loan is incurred during the marriage, that loan, and any proceeds acquired with said loan, will presumed to be a…
Previously, we discussed the basics of the Moore/Marsden calculations, which is how the Court determines the community interest in the home when community funds pay down mortgage principal of a separate property home. The Moore/Marsden formula provides for the community to receive not only a reimbursement for principal paydown, but…
It is no secret that the cost of higher education in America is HIGH. Each year, the average amount of student loans borrowed increases, as does the number of students taking out educational loans. A 2013 study done by the One Wisconsin Institute found, after surveying 61,762 people, that the…
Dividing pensions and retirement plans can be a very complicated aspect of divorce. The rules that apply to social security benefits do not make things any less complicated. Pension and retirement plans acquired during the marriage are community property just like any other community property. Pensions and retirement plans usually…
There is a saying I use when talking to clients about difficult issues in Family Law Case; “The word ‘fair” only appears in the Family Code in a discussion about attorney fees.” The stark reality is this…Family Law is not fair. It can be equitable and it can be reasonable,…
A family law judge out of New Jersey made the following finding in a case involving a post judgment request to sell a residence due to one party’s failure to refinance the residence post-judgment: “This court takes judicial notice, as a matter of indisputable common knowledge, that a positive credit…
I remember the first time I purchased a new couch. It cost me around $800 (which at the time was all the money in the world – I was studying for the bar) and was the first “new” and “adult” purchase my Wife and I made. I also remember when…