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Van Camp is used when the appreciation of the business is due to the nature of the economy or the type of business. In that case, the community property is awarded what that spouse might have been paid as an employee for similar work. The remainder is the worker's separate property. [3]
Pereira is used when the appreciation of the business is due to the skills, efforts or talents of the spouse who is working in the business. In that case, the separate property is awarded the initial investment plus a reasonable interest rate, as if the capital had been invested. The remainder of the profits are community property. [3]
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 ...
4. Other mortgage options after divorce. There are a few other mortgage options that may be worth considering amid a divorce. For instance, it is possible to keep the mortgage as-is, but this ...
A movement in a myriad of rural counties across deep blue states such as Illinois and California to split off and form new states appears to be gaining some steam in the wake of the Nov. 5 election.
A fault divorce is a divorce which is granted after the party asking for the divorce sufficiently proves that the other party did something wrong that justifies ending the marriage. [8] For example, in Texas, grounds for an "at-fault" divorce include cruelty, adultery, a felony conviction, abandonment, living apart, and commitment in a mental ...