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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 »

Learn How to Describe Assets and Expenses on the FL-150 Income and Expense Declaration in Your California Divorce

Learn How to Describe Assets and Expenses on the FL-150 Income and Expense Declaration in Your California Divorce The FL-150 is a lot easier for most people getting a divorce in California to complete than it is to complete and compile the information on the FL-142 Asset and Debt Declaration. I address the FL-142 here…. Read More »

Learn How Prenuptial Agreements Can Make Sense for You and Your Partner

Good Reasons for a Prenuptial Agreement Without a prenuptial agreement, divorce is complicated. With one it’s not easy peasy but it is less complicated. Reason 1 – Under the statutory law in California, once married half of all earnings, property accumulated from those earnings during marriage including your retirement, as well as the increaese in… Read More »

Understanding Automatic Temporary Restraining Orders in Effect in a California Divorce

When you file for divorce in California, Automatic Temporary Restraining Orders (ATROS) take effect immediately upon service of the petition of divorce. These are designed to protect both parties and maintain the status quo until further court orders are issued. While ATROS can be confusing, understanding their scope and implications is crucial for any divorce… Read More »