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  1. #1
    Join Date
    Feb 2006
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    los angeles
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    Default Excluding Separate Assets from the Marital Estate

    I am in the financial stages of my divorce, my wife is petitioner, my property is in my sole and separate name although purchased while married, my ex signed a disclaimer to me as owner sole and separate so only my name is on title, now she lays claim to my property as her attorney has advised her of community interests in CA regardless of the disclaimer she signed, we are heading for court, would a quick claim to a friend or relative help me at this point or do you have any other advise.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Separate property

    Your wife is presumably making a claim to the appreciation in the property during your marriage. Giving title to somebody else won't affect her claim.

  3. #3
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    Feb 2006
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    los angeles
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    26

    Default Ok and thank-you

    So in CA even if you make the downpayment and considerable mortgage payments with sole and sep funds, plus have a disclaimer, then spouse can still claim the entire appreciation in the property ?

    What other steps can be taken to either disprove the spouses rights to community if any, or to protect the assets you have before they are squandered through your spouse by attorneys, court fee's etc ?

  4. #4
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    Default Division of Estate

    Whether or not you can convince a court that the appreciation of the separate property should be excluded from the marital estate? That's legally tricky and fact-dependent, and is thus something best discussed with your divorce lawyer.

  5. #5
    Join Date
    Dec 2005
    Location
    Texas
    Posts
    181

    Default Re: Ok and thank-you

    Quote Quoting neveragain
    So in CA even if you make the downpayment and considerable mortgage payments with sole and sep funds, plus have a disclaimer, then spouse can still claim the entire appreciation in the property ?

    What other steps can be taken to either disprove the spouses rights to community if any, or to protect the assets you have before they are squandered through your spouse by attorneys, court fee's etc ?
    Generally in a community property state there is no such thing as sole & seperate income. Some exceptions would be money and assests incurred BEFORE the marriage and inheritance left only to you. Attempting to hide assets during a divorce is a crime and most people get caught.

  6. #6
    Join Date
    Feb 2006
    Location
    los angeles
    Posts
    26

    Default Re: Ok and thank-you

    Quote Quoting ceara
    Quote Quoting neveragain
    So in CA even if you make the downpayment and considerable mortgage payments with sole and sep funds, plus have a disclaimer, then spouse can still claim the entire appreciation in the property ?

    What other steps can be taken to either disprove the spouses rights to community if any, or to protect the assets you have before they are squandered through your spouse by attorneys, court fee's etc ?
    Generally in a community property state there is no such thing as sole & seperate income. Some exceptions would be money and assests incurred BEFORE the marriage and inheritance left only to you. Attempting to hide assets during a divorce is a crime and most people get caught.
    Well, in a marriage where a sole and separate account is maintained, however this separate account loans monies to the community account and recoups these moneys when community has funds, does this then co mingle such sole and separate account ?

  7. #7
    Join Date
    Sep 2005
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    Default Re: Ok and thank-you

    Quote Quoting neveragain
    Well, in a marriage where a sole and separate account is maintained, however this separate account loans monies to the community account and recoups these moneys when community has funds, does this then co mingle such sole and separate account ?
    Moving money into a shared account is, by definition, commingling. Whether moving the money back can "unring the bell" is something I can't guess at without knowing a lot more about the situation.

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