There are a number of presumptions that help us. Presumptions are a feature of law that if you prove underlying facts you get the benefit of presumed facts. In California and Nevada there are presumptions of title. If property is held and titled by a husband and wife as community property, it is presumed that […]
Asset and Property Issues
Regarding property division is there any advantage of moving from California to Nevada or vice versa before filing for divorce?
There certainly are differences in the legal systems between California and Nevada even though they are both community property states. And those differences may favour one spouse on one issue versus another spouse in another issue. I want to make clear that a spouse residing in either of those states is not in and of […]
What’s the difference between an equitable distribution state and a community property state?
Both California and Nevada, like most of the western United States are community property states, California has some exceptions. California compels an equal division of community property. Nevada on the other hand favours an equal division of community property, but will allow for an unequal division if the appropriate legal standards are met. That is […]
Resolve the Division of Assets and Debts: How Can An Attorney Help?
How can an attorney help resolve the division of assets and debts? Laura Schantz, family law attorney and mediator discusses the use of spreadsheets.
Can you modify a final order dividing the assets and debts of the parties in the future for any reason?
The answer to that is no. Division of assets and debts is final and permanent and can never be modified. That is something that people don’t understand sometimes. There have been cases where parties have decided at the divorce that they wanted to sell the house and then something happened. A couple years down the […]
If one spouse wants to keep the marital home, what are some things to consider about that decision?
That is always a very emotional topic for clients. Often one spouse feels very strongly that they want to stay in the marital home, oftentimes because the children are already going through a big trauma going through their parents’ divorce and they don’t want to uproot the children and cause them more trauma. That’s one […]
If one spouse receives restricted stock or stock options at work, are they considered assets to be divided during divorce?
Yes, they can. Some employers provide their employees what’s called “restricted stock units” (RSUs) or “restricted stock awards” (RSAs). They are the new breed. Stock options are rarely given anymore, they’re kind of old school. There’s still a few hanging out there, but most of them are now restricted stock. Usually these employers have a […]
Are Social Security benefits considered marital assets subject to division?
No, they are not. Social Security benefits are their own kind of stream of income that you receive from the government, and it cannot be divided in a divorce as an asset. It may come into play when you’re talking about support. If one person’s Social Security is higher than the other person’s, you might […]
How are retirement assets divided in a divorce?
Retirement assets are all different. You can’t just call retirement assets “pensions.” Pensions are a very specific type of retirement asset that are kind of old school that the big companies used to have in the past where you didn’t really have an account with any value in it. You were just told that when […]
Follow Us on Social Media