PROPERTY ISSUES
We know that you may have some very substantial worries about your property rights. We realize that you may be concerned about being treated fairly under the law. You might be concerned that your spouse could receive more than her or his fair share, or, that you will not receive your fair share. Perhaps you are concerned about cash transactions, hidden assets, tax fraud, title misnomers, fraudulent transfers, or any one of several other substantial property issues that arise frequently in instances of divorce.
Generally speaking, the law divides the community estate equally. "Community property," generally speaking, is the property obtained, wherever situated in the world, whether real or personal, tangible or intangible, while you and your spouse lived in the State of California.
Contrast this with "separate property" which, generally speaking, is all property owned by either you or your spouse before the marriage, all property acquired by one spouse by gift, bequest, devise or descent, and the income from any such property. Also, the earnings of you or your spouse while living apart during your separation, are generally the separate property of the spouse earning them. This may sound somewhat confusing and complicated and it can be in many instances.
We know that you might have a situation, for example, where there is a transaction where you or spouse has attempted to change the character of the property from separate to community or visa versa and there is concern about how the law will treat that transaction. The question that arises during a dissolution proceeding, despite your intentions, is whether the transaction did or did not convert (or transmute) the property's character. There are very specific requirements under the law for a successful transmutation.
While on the subject of property, other issues often arise during dissolution proceedings. For example, who is obligated and who has the right to manage a community business? Who has the right to live in the family home? Or, drive the family car? Who must service the debt on the house? What happens if he or she won't move out? What if she or he steals money from our community business?
These and many other issues frequently arise in the context of a divorce. We know that the law can be rather complex. However, the law normally has an answer to these questions based upon the circumstances of your case. Sometimes orders can be obtained that one spouse or the other - or, both - manage a community business. Other times, the business will be ordered sold, or, a receiver appointed (a Court agent to handle specified duties concerning the business, such as winding it up for closure). The law provides for substantial penalties and other consequences for breach of trust and/or theft.
You and your spouse are treated as fiduciaries to one another in all transactions concerning each other. You each have the duty of the highest good faith and fair dealing with each other and not to take any unfair advantage of the other. During a dissolution proceeding, you and your spouse will be obligated to disclose to each other the assets and liabilities of which each of you are aware and, your respective income and expenses. There are substantial risks and consequences in failing to properly disclose.
When you are going through a divorce, we will assist you in protecting your property interests and advocating a fair and just result for you. When you are ready, contact us at the Office of Robert Sainburg, Attorneys.
Office of Robert Sainburg, Attorneys
Glendale Galleria Tower
100 West Broadway, Suite 840
California 91210-1202
(818) 550-5001
Toll Free: (877) 550-5001
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