INEFFECTIVE ASSISTANCE OF COUNSEL IN FAMILY LAW PROCEEDINGS In the recent case of In re Marriage of Campi, 212 Cal.App.4th 1565 (2013), husband and wife of a twenty-year marriage decided to separate, and then disputed over the dissolution of their marriage for the following seven years. The husband requested a community property home become his
Default Judgments – Trial Courts Must Carefully Examine Petitioner’s Complaint A default judgment in dissolution of marriage cases is a judgment attained when the respondent does not respond to the case and the petitioner files a request with the court to move forward in the case without the respondent’s involvement. The word “default” is literally
In family law cases (as well as “civil” cases generally), either party is allowed to request that the court “join” someone or some entity to the family law case. San Diego divorce lawyers explain that when the court “joins” a person or entity to a case it has the effect of that person/entity becoming a
California Upholds Strict Tracing Requirements for Reimbursement Claims In every California dissolution (divorce) proceeding, the court is required to divide the parties’ community property estate. The community estate includes the property acquired by either party during the marriage with several exceptions. Inheritances, for example, are not part of the community estate. In the division of the community
Community Property Presumptions and Importance of Title In the May 2011 case of Irmo Valli, the Court of Appeals reversed a family trial court’s judgment that an insurance policy that was taken out during marriage and paid for with community property was community property. The Court of Appeals said that the insurance policy was the
Even if spouse freely and voluntarily signs a Quitclaim Deed during marriage, if there is a promise to restore title to joint ownership, the Deed may be set aside In Fossum, (2011) (CA 2/1 – Opinion filed January 28, 2011), a Husband and Wife married in 1994 and purchased a home jointly thereafter. To secure
Owning a Home and Getting Divorced: Is Delaying Sale Possible? San Diego Divorce Expert Attorney Answer If you and your spouse have recently decided to separate or get divorced there are many questions you may have. You may be wondering, where am I going to live? How are my finances going to change? Who is going