Family law-related question
Posted: Thu Mar 04, 2010 6:04 pm
Some judges require a legal separation -- Victoria Kaufman.
Welcome to my hell. (JK...kind of...) I only have 2 cases left and one
poor guy is going through this "variations on separation" theme and the wife
is sharing NONE of her assets but I guess if they get divorced she will have
to so it is a big mess!
1489 E. Colorado Blvd. #207
Pasadena, CA 91106
(626) 507-8090
"Bankruptcy, Michael, is nature's do-over. It's a fresh start, a clean
slate."
"Like the witness protection program!"
"Exactly."
2010/3/3 Mark J. Markus
>
>
> No, that much I do know. I'm not sure what a legal separation
> accomplished that the stated intent of the two parties doesn't.
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)509-1460 (fax)
> web: http://www.bklaw.com/
> This Firm is a Qualified Federal Debt Relief Agency (see what this means at http://bklaw.com/bankruptcy-blog/2008/0 ... efinition/)
> ________________________________________________
> NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
>
>
> On 3/3/2010 12:09 PM, Hale Andrew Antico wrote:
>
> ps: Mark - I'm no Family Law expert, but wouldnl't a legal separation be
> necessary to establish that debts are now separate property? Assuming
> that's true, since that's not present here, I'd guess that moving away and
> back together didn't re-transmute anything.. it's all debt of the
> community. [update without edit: went back and researched it -- Family Code
> 771 says it's "parting of ways with no present intent to resume marriage..."
> *Marriage of Hardin* 38 CA4th 448 (1995). At least one case says not
> "separated" under Sec. 771(a) where one moves out and conduct doesn't seem
> to match. *Marriage of von der Nuell*, 23 CA4th 730 (1994).
>
> As an aside, according to *Marriage of Norviel*, 102 CA4th 1152, 1162
> (2002), physical separation is an indispensible threshold, but as David
> says, separate dwellings are not essential (*Norviel* at 1163-64). I
> gather you'll be arguing the facts according to factors and standards set
> forth in *Norviel* and those that follow it.
>
> Hale
>
> ------------------------------
> *From:* Hale Andrew Antico [mailto:bk.lawyer@gmail.com]
>
> *Sent:* Wednesday, March 03, 2010 11:51 AM
> *To:* 'cdcbaa@yahoogroups.com'
> *Subject:* RE: [cdcbaa] Family law-related question
>
> Won't the OUST be concerned about this, since two "single-household"
> separated spouses living together would each qualify for Chapter 7 at
> $45k/yr salary where together at $90k/yr for 2-person household they
> wouldn't? If I was OUST, I'd ask for evidence, and living together, with all
> utility bills going to the same address, etc, short of gov't inspection
> seeking a "War of the Roses" or Brady Bunch line drawn down the middle of
> the house, I'm not sure how debtors would prove that they live together but
> are somehow separated.
>
> Hale
>
> ------------------------------
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *On Behalf Of *David A. Tilem
> *Sent:* Wednesday, March 03, 2010 10:51 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* RE: [cdcbaa] Family law-related question
>
> No. Spouses can be "separated" and still living under the same roof.
>
>
> *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.
> Business bankruptcy specialist cert. by Amer. Bd. of Certification
>
>
> -----Original Message-----
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *On Behalf Of *Mark J. Markus
> *Sent:* Wednesday, March 03, 2010 9:58 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Family law-related question
>
>
>
> If spouses who were separated (living apart) for over a year, intending
> to divorce, move back in together for financial reasons, are they then
> considered still "separated"? Are debts incurred by one spouse while
> living apart still community debts? (in other words, does moving back in
> with each other re-transmute the community)?
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)509-1460 (fax)
> web: http://www.bklaw.com/
> This Firm is a Qualified Federal Debt Relief Agency (see what this means at
> http://bklaw.com/bankruptcy-blog/2008/0 ... efinition/)
> ________________________________________________
> NOTICE: This Electronic Message contains information from the law office of
> Mark J. Markus that may be privileged. The information is intended for the
> use of the addressee only. If you are not the addressee, note that any
> disclosure, copy, distribution or use of the contents of this message is
> prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by
> the IRS, we inform you that any U.S. tax advice contained in this
> communication (or in any attachment) is not intended or written to be used,
> and cannot be used, for the purpose of (i) avoiding penalties under the
> Internal Revenue Code or (ii) promoting, marketing or recommending to
> another party any transaction or matter addressed in this communication.
>
>
>
Some judges require a legal separation -- Victoria Kaufman.Welcome to my hell. (JK...kind of...) I only have 2 cases left and one poor guy is going through this "variations on separation" theme and the wife is sharing NONE of her assets but I guess if they get divorced she will have to so it is a big mess!
-- Amy Clark Kleinpeter1489 E. Colorado Blvd. #207Pasadena, CA 91106(626) 507-8090"Bankruptcy, Michae
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