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Marital Assets Separate Property

Lasher Holzapfel Sperry & Ebberson PLLC

Cryptocurrency in Divorce

Cryptocurrency is an increasingly common investment in spouses’ portfolios. While cryptocurrency can present unique challenges due to the various exchanges, different forms of recordkeeping, and new vocabulary, the key...more

Kaufman & Canoles

5 Practical Steps to Take Upon Separation

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Under Virginia law, separation occurs when at least one spouse forms the intent to permanently separate. Consider these practical steps to protect your property interests. Originally published in the February 2025 issue of...more

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

Levenfeld Pearlstein, LLC

Keeping Romance Alive in Premarital Planning

Each year, “proposal season” begins around Thanksgiving and ends on Valentine’s Day. Then the planning begins — the date, the venue, the guests — and, for many couples, a premarital agreement....more

Stark & Stark

Navigating Gift Treatment in Divorce: Key Considerations

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The end of the year is upon us, and often parents or other individuals make gifts to their children for the maximum amount allowable to avoid federal and state gift taxes. In the absence of marital bliss, how these gifts are...more

Lasher Holzapfel Sperry & Ebberson PLLC

What is a “Defunct Marriage” in Washington?

Merriam-Webster defines “defunct” as “no longer living, existing, or functioning.” In Washington, a “defunct marriage” is a term for spouses who have given up any hope of salvaging the relationship, and yet for whatever...more

Barnea Jaffa Lande & Co.

What are the tax Aspects of Prenuptial Agreements in Israel?

Contrary to popular belief, the purpose of signing a prenuptial agreement is not just to dictate the division of property in the event of divorce. Signing a prenuptial agreement can also provide significant tax advantages to...more

Lasher Holzapfel Sperry & Ebberson PLLC

Community or Separate Property? Beware The Mortgage Rule

What you don’t know about your mortgage could hurt you. In Washington State, we are not a “title state.” Accordingly, placing your spouse’s name on the title of a separate real estate does not automatically make it community...more

Kohrman Jackson & Krantz LLP

Separate and Marital Property: Who Gets What in the Divorce?

In 2019, the Amazon founder and former CEO, Jeff Bezos divorced his wife, MacKenzie Scott. Ms. Scott received almost $34 billion in her divorce settlement and became one of the wealthiest philanthropists in modern day. Ms....more

Lasher Holzapfel Sperry & Ebberson PLLC

A Primer on Community vs. Separate Property in Washington State

As a divorce lawyer in Washington State, it is common for new clients to come in to our first meeting with the understanding that Washington is a community property state and believing that this means all property and debts...more

Winstead PC

Court Affirmed Order Denying A Family Allowance

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In In re Estate of Wetzel, a widow and independent administrator of her husband’s estate appealed a trial court’s order denying her requested family allowance. No. 05-20-01104-CV, 2022 Tex. App. LEXIS 2618 (Tex. App.—Dallas...more

Gray Reed

Texas Community Property Law and How to Plan Around it

Gray Reed on

Jack Bux and his high school sweetheart, Diane, have been married a few years, but the pandemic has taken its toll on their relationship, and they could soon be parting ways....more

Stange Law Firm, PC

Inheritance and the Perils of Commingling

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Inheritance is an event that eventually happens in the life of many. When a family member becomes deceased, or even a close friend, an individual may inherit a piece of their deceased family member’s or friend’s estate....more

Fox Rothschild LLP

So, You Think You Don’t Have To Share That Inheritance?

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One of the more complex issues we see when addressing alimony and equitable distribution relates to inherited assets and the money (distributions, investment experience, interest, etc.) that emanates from them. Under New...more

Jaburg Wilk

Inadvertent Transmutation - How What was ‘Mine’ became ‘Ours’

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We frequently represent clients who have engaged in some type of transaction with his or her spouse during the marriage that inadvertently causes them to lose certain rights to property unknowingly. This often happens in the...more

Jaburg Wilk

Do I Need a Lawyer to Get a Divorce in Arizona?

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In Arizona, a large percentage of divorces proceed without either party hiring a lawyer. As Arizona is a no-fault divorce state, couples do not need a specific reason to file for divorce – it is sufficient that the parties...more

Ruder Ware

Using Prenuptial Agreements to Protect the Family Farm

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The family farm is a special asset. The family may have worked hard through decades, maybe even generations, to accumulate and develop the farm’s land, equipment and livestock. The children may be grown and successors to...more

Jaburg Wilk

Separate Property and Arizona Marital Community Equitable Lien Rights

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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

McNees Wallace & Nurick LLC

4 Ways DIY Divorces Can Lead to Disaster

The number of websites offering “do-it-yourself” divorces has exploded in recent years, with many sites advertising services for less than $200. While these sites may be useful for informational purposes, relying solely on...more

Jaburg Wilk

Business and Professional Practice Valuation in Divorce

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The valuation of a business or professional practice in a divorce proceeding requires the resolution of unique issues. Among the most significant of these issues are the valuation date and the standard of value to be...more

Adler Pollock & Sheehan P.C.

Premarital planning - Protecting your assets without a prenup

Protecting family assets in the event of a divorce is particularly significant for family business owners, who typically want to avoid sharing ownership with their ex-spouses or their children’s ex-spouses. A prenuptial...more

Jaburg Wilk

Frequently Forgotten Divorce Asset: Loss Carry-Forwards

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Loss carry-forward is a frequently forgotten asset in divorces. Whether the loss arises from the operation of a business (Net Operating Loss) or sale of stocks (capital loss), it is a valuable asset which may be used to...more

Jaburg Wilk

Do same sex couples have the same legal rights as other couples?

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Phoenix business law firm Jaburg Wilk Estate Planning attorney Beth Cohn talks about the legal rights of same sex couples who are married or are planning to be married. For more information visit www.jaburgwilk.com....more

Jaburg Wilk

How do I know if an asset is really my sole and separate property?

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In the State of Arizona, any and all property is presumed to be community property. However, property is characterized at the time of its acquisition and therefore, if you owned property prior to your marriage, it is and...more

Jaburg Wilk

Protecting Separate Property in Arizona: Basic Principles

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Phoenix business law firm Jaburg Wilk's Board Certified Family Law Specialist, Mitchell Reichman discusses best practices in protecting separate property in Arizona. He talks about various family topics such as community...more

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