Category: Property Division

Wail Sarieh
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Determining the Worth of Depreciating Marital Assets

Property Division

All assets have their own value profile. While real estate often increases in value as the supply-and-demand changes, there are some assets that depreciate – such as vehicles or appliances. As an asset depreciates, it can be harder to determine its value, let alone what portion is to be divided…

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Understanding California’s Community Property Law

Property Division

Different states have different laws regarding spouses’ ownership rights in property acquired before and during their marriage. As Californians, our marital assets are treated as “community property.” At its most basic level, this means that assets acquired during the marriage are considered to be equally owned by both spouses. However,…

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Gifts Acquired During the Marriage

Property Division | Sarieh Law Offices

In Orange County family law actions. a general community property presumption arises when property is acquired during a marriage. However, there is an exception for property acquired by gift or inheritance during the marriage. Property acquired during the marriage by “gift, bequest, devise, or descent” is the acquiring spouse’s separate…

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What does it mean that California is a Community Property State?

Divorce | Property Division

In a Community Property state such as California, everything or the properties acquired during the marriage are considered community properties 50/50 division. Is that the end of the analysis? No. Let’s take an example. Let’s assume you and your spouse, you got married and you purchased a property, let’s call…

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How to Find Hidden Assets During a Divorce

Divorce | Property Division

If you are struggling through a divorce and have suspicions that your spouse may be hiding marital assets, finding those assets could be critical to your very future. It is believed that at least 20 percent of spouses attempt to conceal assets or income during a divorce and that, by…

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What is Common Law Marriage, and is it Valid in California?

Divorce | Property Division

Common law marriage exists in some form in sixteen states.  Common law marriage occurs under state law without ceremony or legal formality.  However, state laws recognize the marriage as valid through other factors.  While factors may vary somewhat from state to state, general requirements include: Cohabitation for a significant time…

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Quasi-Community Property: Property Owned in Other States

Property Division

Couples often move from state to state during marriage, and such moves can complicate the divorce process.  Eventually, they may end up with real estate property in more than one state.  Some states, such as California have community property laws where courts divide marital property 50/50 during divorce.  Other states…

Wail Sarieh
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How Does California Deal with Marital Property during Divorce?

Property Division

California is a community property state, which means that courts divide marital property 50/50 between couples who separate or divorce.  Marital property refers to all property acquired by couples domiciled (with permanent and fixed residences) in California during their marriage. How courts divide marital property is not up to debate. …