Quasi-Community Property in a Carlsbad Divorce

What is Quasi-Community Property in a Carlsbad Divorce?

Pierre Domercq Divorce

What is quasi-community property in a Carlsbad divorce?  How are the debts and assets of a married couple divided in a California divorce? There are three general types of property in a North County divorce case: Community Property Quasi-Community Property Separate Property If an asset or property was purchased during the course of the marriage is located physically within the …

separate property in a North County Divorce

What is Separate Property in a North County Divorce Case?

Pierre Domercq Divorce

What is separate property in a North County divorce case?  California is a “community property” state.  This simply means all debts and assets acquired by either or both of the parties during the term of the marriage (with a few exceptions) are considered to be community property and must be divided equally between the parties. There are three basic types …

What Establishes the Date of Separation

What Establishes the Date of Separation

Pierre Domercq Divorce

Why is the date of separation important in a North County divorce and what actually establishes the date of separation in your divorce? California enacted a new updated law a few years ago to clarify what actually establishes the date of separation in a divorce.  Prior to that date, California law in essence required the parties to physically move apart …

Community Property in a Carlsbad Divorce

What is Considered to be Community Property in a Carlsbad Divorce

Pierre Domercq Divorce

What is considered to be community property in a Carlsbad divorce and how is it divided between the parties? Community property is basically all property, assets or income earned by either or both of the parties during the term of the marriage.  Here in California, community property is to be divided equally between the parties. However, the determination of what …

Raise the Issue of a Prenup Before the Wedding

How to Raise the Issue of a Prenup Before the Wedding

Pierre Domercq Family Law

There are many sound legal and financial reasons to consider a prenuptial agreement or “prenup” before getting married.  However, many people simply don’t know how to raise the issue of a prenup before the wedding without upsetting their spouse or disturbing the relationship. This is quite understandable.  After all, who wants to even consider issues regarding the end of a …

need to know about the Date Of Separation

What Do You Need to Know about the Date Of Separation (DOS)

Pierre Domercq Divorce

What do you need to know about the Date Of Separation (DOS) in a Carlsbad or North County divorce?  The Date Of Separation is a crucial date in any California divorce.  The DOS marks the point in time where the former spouses can begin to accumulate their own separate assets and financial accounts.   The Date of Separation is the moment …

Divorce Collectors Can Still Come After You Even if Your Ex

After a Divorce Collectors Can Still Come After You Even if Your Ex was Ordered to Pay the Debt

Pierre Domercq Community Property Division

After a divorce collectors can still come after you even if your ex was ordered to pay the debt.  Many of our clients are surprised to learn they continue to be responsible on all debts to which they were a signator during the marriage.  Why is that? During a divorce proceeding all community debts and assets are evenly distributed between …

Commingling separate property

Commingling Separate Property Complicates Divorce

Pierre Domercq Divorce

Commingling separate property with community property complicates many North County divorce cases.  Carlsbad, Oceanside, Encinitas and Vista residents who are contemplating divorce may wonder what happens to gifts or inheritances which were given to one partner during the marriage. That depends on whether or not the gift was commingled with marital funds. In the absence of a prenuptial agreement that …

Protect Your Business During Your Divorce

Protect Your Business During Your Divorce

Pierre Domercq Professional Practice & Business Ownership

What are the best strategies to protect your business during your divorce in Carlsbad, Oceanside, Encinitas or North County San Diego?  Will your company be a part of the community property settlement or will it be classified as “separate” property?  These are crucial questions for any business or professional practice owner who is considering a divorce.  Generally speaking, if you …