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Appeals › Divorce › Separate Property

McGlinchey Stafford

Fifth Circuit Erie-Guess Excludes Retirement Accounts from Spousal Restitution Garnishment

McGlinchey Stafford on

On December 30, 2024, the U.S. Court of Appeals for the Fifth Circuit reversed and remanded a ruling from the U.S. District Court for the Southern District of Mississippi that concerned the denial of Appellant’s motion to...more

Downey Brand LLP

Your Slice of the Pizza – Only Directly Inherited Asset Qualifies as Separate Property

Downey Brand LLP on

It is widely understood in California that inherited assets, unlike assets earned from labor, are the separate property of the receiving spouse.  But what if the assets do not come directly from a parent and instead pass from...more

Jaburg Wilk

Separate Property and Arizona Marital Community Equitable Lien Rights

Jaburg Wilk on

In Weeks v Weeks, Division One of the Arizona Court of Appeals addressed the marital community’s equitable lien against separate property of one spouse. The opinion is a memorandum decision and it is therefore not...more

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