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Community property issues often arise in divorce proceedings and disputes after the death of one spouse. These disputes can often be avoided by proper estate planning during the spouses' joint lifetime. This may or may not involve probate proceedings. Property acquired before marriage is separate and belongs to the spouse who acquired it.
The Uniform Marriage and Divorce Act §307 (UMDA §307) [3] also allows for the equitable distribution of property and lists factors the court should consider, e.g. "the duration of the marriage, and prior marriage of either party, antenuptial agreement of the parties [which is the same as a prenuptial agreement or premarital agreement], the ...
The National Association of Women Lawyers was instrumental in convincing the American Bar Association to create a Family Law section in many state courts, and pushed strongly for no-fault divorce law around 1960 (cf. Uniform Marriage and Divorce Act). In 1969, California became the first U.S. state to pass a no-fault divorce law. [15]
Transferring property out of a trust after the trustor’s death is a multistep process in which the trustee fills out deed documentation, identifies mortgages and transfers ownership to the ...
Suing for wrongful death of a domestic partner; Rights involving wills, intestate succession, conservatorships and trusts; The same property tax provisions otherwise available only to married couples (Cal. R&T Code §62p) Access to some survivor pension benefits; Supervision of the Superior Court of California over dissolution and nullity ...
The court went on to explain that, while the state abolished common-law marriage in 1896, California law recognizes non-marital relationship contracts. These contracts may be express or implied, oral or written, but they must be provable in any case. The contract may also provide for a sexual relationship as long as it is not a contract for ...
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When California first enacted divorce laws in 1850, the only grounds for divorce were impotence, extreme cruelty, desertion, neglect, habitual intemperance, fraud, adultery, or conviction of a felony. [29] In 1969-1970, California became the first state to pass a purely no-fault divorce law, i.e., one which did not offer any fault divorce ...