| Will You Add? |
Hubs | Hubbers | Topics | Request |
| #1 in Business | Subscribe Email Print |
|
You are here: Home > Legal > Legal > Property Issues in California Divorce |
|
Will You Add? - Property Issues in California Divorce
10 Things to Consider When Starting a New Business e spouse and was acquired prior to the marriage but the mortgage payments have been paid from community earnings. Parties should also be aware that if one spouse remains in the property after separation they may be incurring indebtedness to the other party if the fair rental value of the property exceeds the mortgage, taxes and insurance payments on the home. These are called Watts claims. The reverse may also be true. If the spouse living in the house is paying the mortgage which exceeds the fair rental value, they may be entitled to what's called Epstein credits.If you are considering starting your own business sometime soon, we have put together ten things you need to consider before taking the plunge. One thing you can be sure of is you won’t be alone, in the first nine months of 2004, over 396,000 new businesses launched in England and Wales – a 14% increase on the previous year, but what do you need to consider before taking your first tentative steps into a new and exciting world?1. What product or service will you provide?Most people start a business based on their existing knowledge and experience of working in a particular industry sector, whilst others spot a gap in the market, but you need to establish whether there is a market in the gap. Make sure you carry out research, with companies and individuals who don’t know you – friends and family wil Am I entitled to a share in my spouse's pension? Another valuable asset Crisis Management Can Be The Important Key To Your Company's Survival What is Community Property?A crisis can be a powerful impetus to your company’s short and long term survival. Contrast these two separate incidents involving world renowned products.In the fall of 1982 , seven people died after taking Johnson and Johnson’s Extra-Strength Tylenol capsules that been laced with cyanide.Guided by the company’s credo that the focus of its company was its customers the CEO set on a course of alerting the public to the dangers and recalled 31 million bottles of the product , at a cost of then $ 100 million .The company told customers that it would stop production until it could provide tamper resistant caplets and launched an investigation to find the culprit . The company also offered to exchange the millions of bottles of Tylenol capsules that had already been sold for Tylenol tablets. California is a community property state in which spouses are entitled, with some exceptions, to an equal division of community property and debts in a divorce (called dissolution in California). Community property is all property, in or out of state, that either spouse acquired during the marriage through the efforts of either spouse or with community property funds. This means that, even if only one spouse worked during the marriage and the other stayed at home raising children, both spouses are entitled to one half of the community property. "During marriage" refers to the time period from the date of marriage to the date when the parties legally separate. The date of separation is often contested because it determines the extent of the community property estate. The courts have said that separation occurs where one spouse subjectively intends to end the marriage and does something to evidence that intent. It could be moving out of the family home, telling your spouse the marriage is over, arranging for a new place to live, etc. What is Separate Property? The parties are entitled to keep their separate property which is not divided in a dissolution. Separate property is any property that is acquired before the marriage, including any rents or profits received from those items; property received after the date of separation with separate earnings, inheritances that were received before or during marriage; and gifts solely to one spouse. Do debts and credit cards also have to be divided? Debts are also classified as either community or separate property debts. With few exceptions, debts incurred during the marriage are community property debts that will be divided equally in the dissolution. It does not matter whose name is on the debt. For example, credit card debts incurred during the marriage are community property debts regardless which spouse's name is on the credit card. Student loans are one of the main exceptions to this rule. In certain circumstances, the community may be entitled to a re-imbursement if the couple pays off one spouse's student loans during the marriage. Debts that you incurred before marriage or after separation are separate property debts. What happens to the Family Home? The family home in California is often the marriage's most valuable asset. The division of the family home can be complicated if there are minor children and one spouse wants to stay in the home. The community property interest in the home is further complicated where the property is in the name of one spouse and was acquired prior to the marriage but the mortgage payments have been paid from community earnings. Parties should also be aware that if one spouse remains in the property after separation they may be incurring indebtedness to the other party if the fair rental value of the property exceeds the mortgage, taxes and insurance payments on the home. These are called Watts claims. The reverse may also be true. If the spouse living in the house is paying the mortgage which exceeds the fair rental value, they may be entitled to what's called Epstein credits. Am I entitled to a share in my spouse's pension? Another valuable asset Listening Strategically riage to the date when the parties legally separate. The date of separation is often contested because it determines the extent of the community property estate. The courts have said that separation occurs where one spouse subjectively intends to end the marriage and does something to evidence that intent. It could be moving out of the family home, telling your spouse the marriage is over, arranging for a new place to live, etc.Usually, we’re most interested in communicating outwardly; getting our messages out to others. But finding ways to hear what’s going on around us can be just as important.Let’s start by identifying three different types of listening we do. The first type - informal listening - comes naturally, as in listening to another person. I take in what you have to say, and how you say it.A second type, competitive intelligence, is a systematic process for monitoring sources and gathering information. That information is aggregated, processed to bring out the important points, and distributed to others who can use it to make decisions.In this article, we look at a third type, a less rigorous approach to competitive intelligence, one that falls somewhere between simple listening and formal competitive intellig What is Separate Property? The parties are entitled to keep their separate property which is not divided in a dissolution. Separate property is any property that is acquired before the marriage, including any rents or profits received from those items; property received after the date of separation with separate earnings, inheritances that were received before or during marriage; and gifts solely to one spouse. Do debts and credit cards also have to be divided? Debts are also classified as either community or separate property debts. With few exceptions, debts incurred during the marriage are community property debts that will be divided equally in the dissolution. It does not matter whose name is on the debt. For example, credit card debts incurred during the marriage are community property debts regardless which spouse's name is on the credit card. Student loans are one of the main exceptions to this rule. In certain circumstances, the community may be entitled to a re-imbursement if the couple pays off one spouse's student loans during the marriage. Debts that you incurred before marriage or after separation are separate property debts. What happens to the Family Home? The family home in California is often the marriage's most valuable asset. The division of the family home can be complicated if there are minor children and one spouse wants to stay in the home. The community property interest in the home is further complicated where the property is in the name of one spouse and was acquired prior to the marriage but the mortgage payments have been paid from community earnings. Parties should also be aware that if one spouse remains in the property after separation they may be incurring indebtedness to the other party if the fair rental value of the property exceeds the mortgage, taxes and insurance payments on the home. These are called Watts claims. The reverse may also be true. If the spouse living in the house is paying the mortgage which exceeds the fair rental value, they may be entitled to what's called Epstein credits. Am I entitled to a share in my spouse's pension? Another valuable asset Online Paid Surveys - Easy Way To Earn Cash? nts or profits received from those items; property received after the date of separation with separate earnings, inheritances that were received before or during marriage; and gifts solely to one spouse.Online paid surveys can be an easy way to earn cash if you know what you are doing. For those who have absolutely zero idea of how the survey system works, it can be daunting initially. People like the idea of being able to earn extra income from doing free internet paid surveys in their spare time. We will look at what are some of the pros of taking online paid surveys and the shortcomings or drawbacks.Pros of Taking Online Paid Surveys1. Supplementary or Pocket CashAnyone wanting to earn some extra income in his or her spare time should start looking at taking online paid surveys. Each survey, simple ones to be exact, takes no more than 30 minutes and can pay anything from $5 to $70. Imagine doing 2 or 3 of them everyday? It takes barely an hour to earn $10 to $210. By the way, $ Do debts and credit cards also have to be divided? Debts are also classified as either community or separate property debts. With few exceptions, debts incurred during the marriage are community property debts that will be divided equally in the dissolution. It does not matter whose name is on the debt. For example, credit card debts incurred during the marriage are community property debts regardless which spouse's name is on the credit card. Student loans are one of the main exceptions to this rule. In certain circumstances, the community may be entitled to a re-imbursement if the couple pays off one spouse's student loans during the marriage. Debts that you incurred before marriage or after separation are separate property debts. What happens to the Family Home? The family home in California is often the marriage's most valuable asset. The division of the family home can be complicated if there are minor children and one spouse wants to stay in the home. The community property interest in the home is further complicated where the property is in the name of one spouse and was acquired prior to the marriage but the mortgage payments have been paid from community earnings. Parties should also be aware that if one spouse remains in the property after separation they may be incurring indebtedness to the other party if the fair rental value of the property exceeds the mortgage, taxes and insurance payments on the home. These are called Watts claims. The reverse may also be true. If the spouse living in the house is paying the mortgage which exceeds the fair rental value, they may be entitled to what's called Epstein credits. Am I entitled to a share in my spouse's pension? Another valuable asset A Stock Market Timing Secret Revealed credit card. Student loans are one of the main exceptions to this rule. In certain circumstances, the community may be entitled to a re-imbursement if the couple pays off one spouse's student loans during the marriage. Debts that you incurred before marriage or after separation are separate property debts.Relative Strength Index (RSI) is a well known and much used momentum indicator. It was invented by J. Welles Wilder Jr., a great technical analyst.RSI compares the magnitude of a stock or index's recent gains to the magnitude of it's recent losses and that information is turned into a number that ranges from 0 to 100. A single parameter is used, the number of time periods for the calculation. 14 periods is recommended by Wilder.Common practical use of RSI in stock market timing is to measure the underlying strength of the market and to determine if it's getting overbought or oversold. Wilder's own recommendation was to use 70 and 30 levels, to indicate an overbought and oversold market, respectively. If RSI rises above 30 it's considered bullish for the stock or index. If the What happens to the Family Home? The family home in California is often the marriage's most valuable asset. The division of the family home can be complicated if there are minor children and one spouse wants to stay in the home. The community property interest in the home is further complicated where the property is in the name of one spouse and was acquired prior to the marriage but the mortgage payments have been paid from community earnings. Parties should also be aware that if one spouse remains in the property after separation they may be incurring indebtedness to the other party if the fair rental value of the property exceeds the mortgage, taxes and insurance payments on the home. These are called Watts claims. The reverse may also be true. If the spouse living in the house is paying the mortgage which exceeds the fair rental value, they may be entitled to what's called Epstein credits. Am I entitled to a share in my spouse's pension? Another valuable asset Executives and Elevators: Perfecting That Pitch e spouse and was acquired prior to the marriage but the mortgage payments have been paid from community earnings. Parties should also be aware that if one spouse remains in the property after separation they may be incurring indebtedness to the other party if the fair rental value of the property exceeds the mortgage, taxes and insurance payments on the home. These are called Watts claims. The reverse may also be true. If the spouse living in the house is paying the mortgage which exceeds the fair rental value, they may be entitled to what's called Epstein credits.If you’re an executive, you probably already know the value of a powerful ‘elevator pitch’; that thirty second dazzling display of verbal brilliance designed to deftly sum up your position, your product, your qualifications or your company. You also know just how tough it is to master the art of explaining your “unique selling proposition” in the time it takes an elevator to travel the length of a tall building. You know your business, product, service or issue well, but where do you begin in explaining it to someone else? What do you highlight? What do you leave out? Whether you’re seeking votes, customers, a job, a partnership, or simply understanding, you have to know what to say and how to say it when faced with the opportunity to meet a key decision-maker. Perfecting your elevator pitch helps you explain yours Am I entitled to a share in my spouse's pension? Another valuable asset in a marriage is a pension or retiremement plan. The non-employee spouse is entitled to a portion of the plan that was earned during marriage. To ensure that any pension settlement is enforceable it is advisable that any settlements regarding pensions are contained in a "Qualified Domestic Relations Order" (QDRO) signed by the Court. How do I figure out the extent of my husband or wife's property? Each party is required by California law to file a preliminary and final "declaration of disclosure" with the Court that they have served an Income and Expense Declaration and Schedule of Assets and Debts on their spouses. The final declaration can be waived by the written agreement of the parties. The disclosures will list each spouses community property assets and debts and separate property. Most disputes involve the extent and valuation of community property assets. If a spouse tries to hide assets, your attorney can employ various discovery tools forcing a spouse or a third party to turn over financial records. For example, they can subpoena the records of third parties such as banks and CPA's. In complicated cases it may be necessary to employ the services of a forensic accountant. It is a good idea to minimize this risk by taking some simple steps as part of any pre-divorce planning. You should make copies of important financial documents such as tax returns, W2's, bank and brokerage statements and keep them in a safe place. The law requires the parties to make full disclosure of all their assets and liabilities and also any business investments and opportunities. The case of Marriage of Rossi, illustrates what can happen when one party tries to conceal assets. In 1996 Denise Rossi won $1.3 million in the California State Lottery. She chose to conceal the winnings from her husband and filed for a divorce 11 days after learning of her winnings. She had been married for 25 years. 2 years after the case was over and a Judgment had been entered, her ex-husband discovered that his ex-wife had won the lottery. He filed a Motion and the judge gave all of the $1.3 million dollar lottery winnings to the husband, since the wife had intentionally not disclosed her winnings in the divorce proceedings. News reports indicate that Denise ended up filing for bankruptcy. Don’t forget some often overlooked assets! Some assets that are easily overlooked but may turn out to be valuable include:
HTTP = HTML link (for blogs, profiles,phorums):
Related Articles:10 Methods for Free Advertising The Logistics Of Web Site Statistics - Find Out If Your Web Site Is Working, For Free! Molybdenum Mining Investing? Check with Locals, Natives First
|