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Separate property?
my oh my, Pat, did you have a good weekend or what?
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Patrick Green
Sent: Saturday, June 05, 2010 6:52 PM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Separate property?
I got two CP threads mixed up in that I am only opining where David would
not do so. Dennis was not in on this thread. So technically I guess I was
correct the first time, since I have gone farther than Dennis since he did
not opine at all on this thread.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green, Esq.
Fitzgerald & Green
Attorneys at Law
1010 E. Union Street
Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
The post was migrated from Yahoo.
You can also purchase a "Lot Book Report" from
http://www.lotbook.com/services.html Perhaps a little less expensive, but
contains a complete chain of title. I strongly recommend consulting an
experienced family law attorney to evaluate the CP/SP shares.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Patrick Green
Sent: Saturday, June 05, 2010 6:45 PM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Separate property?
I will go farther than Brother Dennis or Brother David, but still leave you
wondering.
The analysis under CA law goes like this:
1. Inherited property is SP.
2. Since the inheritance, has the non-filer done anything to transmute
their SP house to CP?
3. If yes, the CP portion is bk estate property.
4. If no to transmutation, then has the community acquired an interest
in the property by paying property taxes from CP funds or by other actions?
(Or were they paid from filers SP funds?)
5. If yes, the community has acquired an interest which would be
property of the bk estate.
6. How much is that interest?
As you can see, these are fact driven questions which may very likely
require the use of a formula to determine any CP interest that may now exist
in the property.
Also remember that spouses do all sorts of stupid things via deed with their
RP that they dont understand the significance of and often dont know that
they did anything at all. Whenever you file only one spouse or registered
domestic partner, you should ck the chain of title to see what they have
done. (I had one recently that had at least seven deeds since the parties
first bought the property which were various grantings and quit claimings,
some of which made no sense at all.) The deeds you get from customer service
from your friendly title company are not guaranteed to include all docs in
the chain. If you want to do it right, you should obtain from First
American Title a product they call a Marital Property Guarantee which I
think costs about $175. It will save you a lot of grief/claims down the
road.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green, Esq.
Fitzgerald & Green
Attorneys at Law
1010 E. Union Street
Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
The post was migrated from Yahoo.
I got two CP threads mixed up in that I am only opining where David would
not do so. Dennis was not in on this thread. So technically I guess I was
correct the first time, since I have gone farther than Dennis since he did
not opine at all on this thread.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green, Esq.
Fitzgerald & Green
Attorneys at Law
1010 E. Union Street
Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
The post was migrated from Yahoo.
I will go farther than Brother Dennis or Brother David, but still leave you
wondering.
The analysis under CA law goes like this:
1. Inherited property is SP.
2. Since the inheritance, has the non-filer done anything to transmute
their SP house to CP?
3. If yes, the CP portion is bk estate property.
4. If no to transmutation, then has the community acquired an interest
in the property by paying property taxes from CP funds or by other actions?
(Or were they paid from filers SP funds?)
5. If yes, the community has acquired an interest which would be
property of the bk estate.
6. How much is that interest?
As you can see, these are fact driven questions which may very likely
require the use of a formula to determine any CP interest that may now exist
in the property.
Also remember that spouses do all sorts of stupid things via deed with their
RP that they don't understand the significance of and often don't know that
they did anything at all. Whenever you file only one spouse or registered
domestic partner, you should ck the chain of title to see what they have
done. (I had one recently that had at least seven deeds since the parties
first bought the property which were various grantings and quit claimings,
some of which made no sense at all.) The deeds you get from customer service
from your friendly title company are not guaranteed to include all docs in
the chain. If you want to do it right, you should obtain from First
American Title a product they call a "Marital Property Guarantee" which I
think costs about $175. It will save you a lot of grief/claims down the
road.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green, Esq.
Fitzgerald & Green
Attorneys at Law
1010 E. Union Street
Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
The post was migrated from Yahoo.
charset="windows-1251"
Refer case to a family law attorney to get this answer.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Shannon Doyle
Sent: Friday, June 04, 2010 5:10 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Separate property?
Non-filing spouse received interest in mothers house as a gift. This is a
$500k paid in full asset. Per Family Code 770, this is separate property.
Non-filing spouse has no income and the happy couple do not live in the
house. However, filing spouse pays the property taxes. Does this have
enough of a co-mingling effect to convert the property to a community asset?
Would the entire asset then be considered community property or is there a
formula to bifurcate the community interest and non-filing spouses separate
interest?
Shannon A. Doyle
Attorney at Law
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791-1600
Tel: (626) 646-2555
Fax: (626) 332-8644
www.blclaw.com
BC
charset="windows-1251"
Message
Refer case to a family law
attorney to get this answer.
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
Non-filing spouse received interest in mother's house as a gift. This
is a $500k paid in full asset. Per Family Code 770, this is separate
property. Non-filing spouse has no income and the happy couple do not
live in the house. However, filing spouse pays the property taxes. Does
this have enough of a co-mingling effect to convert the property to a
community asset? Would the entire asset then be considered community
property or is there a formula to bifurcate the community interest and
non-filing spouse's separate interest?
Shannon A. Doyle
Attorney at Law
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791-1600
Tel: (626) 646-2555
Fax: (626) 332-8644
www.blclaw.com
The post was migrated from Yahoo.