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Will I Lose My Share of Our Home’s Equity in the Divorce if I Move Out?

Uncover the truth about home equity and property rights during a divorce in California. Learn why moving out doesn’t mean losing your share of the home’s equity. Navigating Home Equity Concerns During Divorce in California Deciding to divorce is a challenging decision, one that you may have grappled with for a long time. The situation… Read More »

Where Do I List Assets and Debts in My California Divorce Petition?

I am often contacted by people who are confused by the forms which California law requires they use for initiating or responding to a divorce filing. One of the most common questions relates to community property and debts and separate property and debts. Question: My spouse and I arebeginning the process for divorce in California…. Read More »

Navigating Mental Health Factors in California Family Law Court: A Guide for Contested Custody Cases

Navigating Mental Health Factors in California Family Law Court: A Guide for Contested Child Custody Cases Learn how mental health factors of parents are considered under the amendments to Family Code and how they impact contested custody cases in California Navigating Mental Health Factors in Contested Custody Cases: A New Era in California Family Law… Read More »

How Do I Add My Spouse to My House Deed? How Do I Change Property from Community to Separate Property?

Under California law, if you want to add your spouse to the deed of your house, you would typically use a grant deed. This deed transfers ownership interest in the property from you to both you and your spouse jointly. You would need to prepare and sign the grant deed, then have it notarized and… Read More »

Can I Receive Credit for My Down Payment on Our Marital Residence in a California Divorce

Question: How can I prove my cash down payment towards the home I purchased before marriage ? I’m going through a divorce. I purchased my home five years prior to getting married and then added my spouse to the title later on when I refinanced. She now wants half the equity. I put $200,000 cash… Read More »

My Ex Was Ordered to Sell a House in Our Divorce and Divide the Proceeds. It Has Been Two Years. What to Do?

Question: My ex was ordered to sell a house by the court in our divorce and divide the proceeds with me. They have not sold the house and it has been 2 years. What can I do? Answer: In California, if your ex-spouse has failed to comply with a court order to sell a property… Read More »

Does Temporary Spousal Support Have an End Date in California?

Question: If temporary spousal support (alimony) is awarded, will that temporary support order have an end after the standard “half the length of the marriage” or does the temp support continue until there is a final judgment? I had a short marriage of 18 months. Answer: This is a great question. Unless the court order… Read More »

Learn About Obtaining Information For a Domestic Violence Case from the Adverse Party

As of January 1, 2024, the Civil Discovery Act does not apply to matters under the Domestic Violence Prevention Act (DVPA) absent a good cause showing. INTRODUCTION: The applicability of the Civil Discovery Act to DVPA matters was a point of contention. In cases of alleged Domestic Violence some litigants would seek discovery under the… Read More »

What Effect Does Marital Infidelity Have on a California Divorce

Question: If one’s marriage ends due to infidelity, does the unfaithful spouse have to pay damages or lose any rights to the equal division of community property? What about child custody? Does infidelity influence the parenting time schedules or custody? Answers: Infidelity does not influence the division of property in a California Divorce. In California,… Read More »

Learn How California Courts Deal with Child Custody Issues in Domestic Violence Restraining Order Cases

California laws regarding child custody and visitation in the context of  Domestic Violence Restraining Order Cases have been changed. If domestic violence or drug/alcohol abuse is alleged, amended Family Code Section 3011(a) requires courts to consider virtual visitation and grant unsupervised visitation only if the court finds that such visits are in the child’s best… Read More »