Thanks Pat.
So do you agree that if their legal separation resulted in a division of property such that each ex-spouse has 100% title to one of the two single family residences, then each ex-spouse should be able to claim a$75k homestead exemption intheirrespective SFR provided thateach ex-spouse occupies their respectiveSFRs on their petition dates?
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Friday, November 1, 2013 5:09 PM, Patrick T. Green wrote:
Peter:
You are correct, but unlike divorce where there can be a bifurcated jmt and a later property division, the legal separation is just a division of the property and a judicial decree that after acquired property is not community property.
So if someone is legally separated, they have the decree and the property separation. I suppose it could be possible to get the decree before the division of the property, but it seems unlikely.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green
1010 E. Union St. Ste. 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
From:
cdcbaa@yahoogroups.com [mailto:
cdcbaa@yahoogroups.com] On Behalf Of Peter M. Lively
Sent: Friday, November 01, 2013 4:35 PM
To:
cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Homestead Exemptions for Separated Married Couple
My understanding of this issue is that the couple stops creating community property upon legal separation, but the community property created prior to legal separation (such as taking title to real property or establishing an equity interestin real property byusing community income to pay down the securedloans, etc.)isn't formally divided until judicial approval of their property separation agreement or entry of judgment after trial.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Friday, November 1, 2013 4:09 PM, John D. Faucher wrote:
I know only a foolishly little bit of family law, and most of that comes nowadays from this new internet thingy. But I do think I learned someplace that legal separation is not quite the same as divorce:
http://ww
The post was migrated from Yahoo.