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Articles Posted in Property Division

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Is My Spouse’s “Book of Business” an Asset Subject to Division?

Until just recently, there were not any California cases on point regarding whether a licensed professional’s book of business (i.e. list of clients) is something of value that should be considered an asset subject to property division during a divorce proceeding. However, the Fourth Appellate District’s recent decision in In…

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Date of Business Valuation – Exceptions for Bad Actors

In general, family courts disfavor “bad actors” or spouses who take deliberate steps to disadvantage the other party in anticipation of or during a divorce proceeding. Spouses owe each other the highest duties of good faith and fair dealing – even throughout the divorce process. Specific family law codes were…

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How to Prepare for Divorce Mediation

Many couples in San Diego opt to mediate rather than litigate their divorce. Mediation can provide the parties with many advantages unavailable in litigation such as customized agreements and quick results. One of the most popular motivations for mediating a divorce is to minimize the attorney fees and costs associated…

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A Divorce Attorney’s Perspective on Moving Out of the Marital Home

You may remember our previous blog highlighting the celebrity divorce of Bethenny Frankel, founder of SkinnyGirl Cocktails, and Jason Hoppy. Well, their bitter divorce battle continues to grab entertainment headlines, which report that the soon to be ex-couple is actually still living together in their five million dollar New York…

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Property Division and Divorce – Dividing Household Items Without a Judge

In a divorce, personal property (such as furniture, furnishings, art, family photos, pets, and other general property) is treated no differently than the division of other assets. Parties to a divorce can spend a significant amount of money fighting over silverware and lamps by placing a dollar figure on each…

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“Shocking” Case Voids Prenup in Divorce

A New York appeals court is making waves throughout the family law community as a result of its recent controversial ruling. Before Elizabeth Cioffi-Petrakis and Peter Petrakis got married, they entered into a premarital agreement, commonly known as a “prenup”. At trial, the court ruled that the premarital agreement was…

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How Divorce May Change Your Retirement Plans

Divorce can have a devastating effect on both parties’ standard of living and finances. We have previously blogged about the sacrifices divorcing spouses make when they cannot afford to support two separate households at the same standard of living they enjoyed during marriage. However, in Del Mar, the “gray divorce…

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Can the Court Force Me to Sell My House in Del Mar?

For many Del Mar families, real estate is their most valuable asset. Because the prices of the average family home are so high, many families must invest significant funds into real estate just to live in the area. However, upon divorce, all community property must be divided equally by the…

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How Valentine’s Day Can Affect Your Divorce

Valentine’s Day is a romantic time in Del Mar and throughout San Diego County. The romance of this holiday can sometimes stir up old feelings between divorcing spouses. It is not uncommon for spouses going through a Del Mar divorce to send each other gifts on Valentine’s Day or even…

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