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FAMILY LAW PROBLEM
47 Cal. App. 4th 1621
mitnicklaw@aol.com wrote:What is the cite for Branco?
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Suite 1080
Torrance, CA 90503
(310) 792-5864; 792-5866 (fax)
MitnickLaw@aol.com
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47 Cal. App. 4th 1621mitnicklaw@aol.com wrote:
What is the cite for Branco?
Law Office of Eric Alan Mitnick21515 Hawthorne Boulevard, Suite 1080Torrance, CA 90503(310) 792-5864; 792-5866 (fax)MitnickLaw@aol.com__________________________________________________Do You Yahoo!?Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com
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What is the cite for Branco?
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Suite 1080
Torrance, CA 90503
(310) 792-5864; 792-5866 (fax)
MitnickLaw@aol.com
What is the cite for Branco?
Law Office
of Eric Alan Mitnick21515 Hawthorne Boulevard, Suite 1080Torrance,
CA 90503(310) 792-5864; 792-5866
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Thank you. I have used a program for the test. However, what is unfair is that the BRANCO case states that you add back the loan that was paid in full during marriage as a community property buy-in which is totally ludicrous considering the husband has nothing to do with the prperty or the new loan.
THe difference with my facts is that husband was never on the loan to refinance while in BRANCO his inocme was used and he was on the new loan.
Nate Berneman
"Vernon L. Ellicott" wrote:
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David Gottlieb; Michael Kogan
Thank you for the ino. re: IRA's. I still think as of now for IRA's, it is still R & N unlike the Supreme COurt case which took place in the 8th District I believe.
"Tyson M. Takeuchi" wrote:
First inquiry:
Who is the Chapter 7 Trustee and who is his or her counsel?
Second, did you get the info I mailed you?
Ty Takeuchi
>Reply-To: cdcbaa@yahoogroups.com
>To: cdcbaa
>Subject: [cdcbaa] FAMILY LAW PROBLEM
>Date: Thu, 21 Apr 2005 19:02:10 -0700 (PDT)
>
>I have a client (substituted in the case) that filed a Chapter 7 for
>himself and his wife did not file. All debts were his only. Wife bought a
>property 11 months prior to marriage and put a substantial down payment.
>(NO PRENUPTIAL AGREEMENTS). 14 months after marriage, wife refinances the
>separate property and again it is in her name only on the loan and the deed
>of trust. (Buy down in loan from time of marriage was less than $6000).
>
>By the way, Debtor has been disabled and earning very little income.
>
>I filed a Motion to Sell Property because of the minute community interest
>that I calculated at about 5%.
>
>The Chapter 7 Trustee's attorney has stated in his oppostion that due to IN
>RE BRANCO, the community property interest is the $6000 plus the loan that
>was paid off during the marriage divided by the purchase price which now
>totals a community property interest of over 78%.
>
>I have cases that go against this theory but may not but if the Trustee
>prevails, family law is in trouble if there is no prenuptial agreement.
>
>To give you an example, you are married and your spouse has separate
>property. You get your spouse to refinance their loan and whatever that
>loan amount was, say $500,000 is divided by the pruchase price to give you
>and unfair advantage as to a potentially huge interest in that prperty if
>you ever get divorced.
>
>ANY THOUGHTS OR CASES ANYONE HAS COME ACROSS IN BK. COURT.
>
>
>__________________________________________________
>Do You Yahoo!?
>Tired of spam? Yahoo! Mail has the best spam protection around
>http://mail.yahoo.com
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David Gottlieb; Michael Kogan
Thank you for the ino. re: IRA's. I still think as of now for IRA's, it is still R & N unlike the Supreme COurt case which took place in the 8th District I believe.
"Tyson M. Takeuchi" <lurpnlaw160@hotmail.com> wrote:
than $6000).>>By the way, Debtor has been disabled and earning very little income.>>I filed a Motion to Sell Property because of the minute community interest >that I calculated at about 5%.>>The Chapter 7 Trustee's attorney has stated in his oppostion that due to IN >RE BRANCO, the community property interest is the $6000 plus the loan that >was paid off during the marriage divided by the purchase price which now >totals a community property interest of over 78%.>>I have cases that go against this theory but may not but if the Trustee >prevails, family law is in trouble if there is no prenuptial agreement.>>To give you an example, you are married and your spouse has separate >property. You get your spouse to refinance their loan and whatever that >loan amount was, say $500,000 is divided by the pruchase price to give you >and unfair advantage as to a
potentially huge interest in that prperty if >you ever get divorced.>>ANY THOUGHTS OR CASES ANYONE HAS COME ACROSS IN BK. COURT.>>>__________________________________________________>Do You Yahoo!?>Tired of spam? Yahoo! Mail has the best spam protection around>http://mail.yahoo.com__________________________________________________Do You Yahoo!?Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com
The post was migrated from Yahoo.
This e-mail transmission and any documents, files, or previous e-mail
messages attached to it, may contain confidential information from the LAW
OFFICES OF VERNON L. ELLICOTT that is legally privileged. If you are not the
intended recipient, or a person responsible for delivering it to the
intended recipient, you are hereby notified that any disclosure, copying,
distribution or use of any of the information contained in or attached to
this message is STRICTLY PROHIBITED. If you received this transmission in
error, please immediately notify us by reply e-mail, or by telephone at
(805) 446-6262, and destroy the original transmission and its attachments
and all copies of any kind, without reading them or saving them in any way.
Thank you.
Here are two Excel spreadsheets that I created to calculate the
Moore/Marsden formula. See In re Marriage of Moore (1980) 28 C3d 366, 168
CR 662, 618 P2d 208, 980 and In re Marriage of Marsden (1982) 130 CA3d 426,
181 CR 910, 1982 [appreciation of separate property during marriage
apportioned to community based on community's contribution to paydown only].
This is California law on the community interest in premarital purchases.
Vernon L. Ellicott, Esq.
Certified Family Law Specialist
The State Bar of California Board of Legal Specialization
Law Offices of Vernon L. Ellicott
920 Hampshire Road, Suite 25
Westlake Village, CA 91361
(805)446-6262 Phone
(805)446-6264 Fax
_____
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First inquiry:
Who is the Chapter 7 Trustee and who is his or her counsel?
Second, did you get the info I mailed you?
Ty Takeuchi
>Reply-To: cdcbaa@yahoogroups.com
>To: cdcbaa
>Subject: [cdcbaa] FAMILY LAW PROBLEM
>Date: Thu, 21 Apr 2005 19:02:10 -0700 (PDT)
>
>I have a client (substituted in the case) that filed a Chapter 7 for
>himself and his wife did not file. All debts were his only. Wife bought a
>property 11 months prior to marriage and put a substantial down payment.
>(NO PRENUPTIAL AGREEMENTS). 14 months after marriage, wife refinances the
>separate property and again it is in her name only on the loan and the deed
>of trust. (Buy down in loan from time of marriage was less than $6000).
>
>By the way, Debtor has been disabled and earning very little income.
>
>I filed a Motion to Sell Property because of the minute community interest
>that I calculated at about 5%.
>
>The Chapter 7 Trustee's attorney has stated in his oppostion that due to IN
>RE BRANCO, the community property interest is the $6000 plus the loan that
>was paid off during the marriage divided by the purchase price which now
>totals a community property interest of over 78%.
>
>I have cases that go against this theory but may not but if the Trustee
>prevails, family law is in trouble if there is no prenuptial agreement.
>
>To give you an example, you are married and your spouse has separate
>property. You get your spouse to refinance their loan and whatever that
>loan amount was, say $500,000 is divided by the pruchase price to give you
>and unfair advantage as to a potentially huge interest in that prperty if
>you ever get divorced.
>
>ANY THOUGHTS OR CASES ANYONE HAS COME ACROSS IN BK. COURT.
>
>
>__________________________________________________
>Do You Yahoo!?
>Tired of spam? Yahoo! Mail has the best spam protection around
>http://mail.yahoo.com
The post was migrated from Yahoo.
I have a client (substituted in the case) that filed a Chapter 7 for himself and his wife did not file. All debts were his only. Wife bought a property 11 months prior to marriage and put a substantial down payment. (NO PRENUPTIAL AGREEMENTS). 14 months after marriage, wife refinances the separate property and again it is in her name only on the loan and the deed of trust. (Buy down in loan from time of marriage was less than $6000).
By the way, Debtor has been disabled and earning very little income.
I filed a Motion to Sell Property because of the minute community interest that I calculated at about 5%.
The Chapter 7 Trustee's attorney has stated in his oppostion that due to IN RE BRANCO, the community property interest is the $6000 plus the loan that was paid off during the marriage divided by the purchase price which now totals a community property interest of over 78%.
I have cases that go against this theory but may not but if the Trustee prevails, family law is in trouble if there is no prenuptial agreement.
To give you an example, you are married and your spouse has separate property. You get your spouse to refinance their loan and whatever that loan amount was, say $500,000 is divided by the pruchase price to give you and unfair advantage as to a potentially huge interest in that prperty if you ever get divorced.
ANY THOUGHTS OR CASES ANYONE HAS COME ACROSS IN BK. COURT.
__________________________________________________
Do You Yahoo!?
Tired of spam? Yahoo! Mail has the best spam protection around
http://mail.yahoo.com
I have a client (substituted in the case) that filed a Chapter 7 for himself and his wife did not file. All debts were his only. Wife bought a property 11 months prior to marriage and put a substantial down payment. (NO PRENUPTIAL AGREEMENTS). 14 months after marriage, wife refinances the separate property and again it is in her name only on the loan and the deed of trust. (Buy down in loan from time of marriage was less than $6000).
By the way, Debtor has been disabled and earning very little income.
I filed a Motion to Sell Property because of the minute community interest that I calculated at about 5%.
The Chapter 7 Trustee's attorney has stated in his oppostion that due to IN RE BRANCO, the community property interest is the $6000 plus the loan that was paid off during the marriage divided by the purchase price which now totals a community property interest of over 78%.
I have cases that go against this theory but may not but if the Trustee prevails, family law is in trouble if there is no prenuptial agreement.
To give you an example, you are married and your spouse has separate property. You get your spouse to refinance their loan and whatever that loan amount was, say $500,000 is divided by the pruchase price to give you and unfair advantage as to a potentially huge interest in that prperty if you ever get divorced.
ANY THOUGHTS OR CASES ANYONE HAS COME ACROSS IN BK. COURT.
__________________________________________________Do You Yahoo!?Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com
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