Swanson O’Dell

From The blog

Family Loan Repayments In Divorce

Family Loan Repayments In Divorce When people are married, they often receive help from family members. A parent will often pay for the down payment for a house, to make a loan to pay off credit card debt, or any number of other reasons. The problem becomes, however, after a separation and divorce is filed, whether or not that loan will have to be repaid out of community assets. To put the...

Can I Recover Money Spent By My Spouse During Marriage?

The general answer to that question is no, but with a fairly significant exception. If one party to a marriage is simply a spendthrift, spending more money than the other, even without consent, that debt is still community debt and money used is simply spent. However, California Family Code Section 1100 provides that “A spouse has a claim against the other spouse for any breach of fiduciary duty...

Can My Divorce Case Be Transferred to Another County in California?

Can My Divorce Case Be Transferred to Another County in California? We live in a mobile society. Jobs relocate, people move to be close to a college or university, and other changes happen. What happens when this happens in the middle of a divorce? The answer, at least when the issues are money and property issues, is the case has to stay in the same court until the divorce is finished. (There...

When Is A Community Property Business Valued For Division In A Divorce?

When Is A Community Property Business Valued For Division In A Divorce? Generally speaking, all assets, including businesses, are valued as close to the date of trial as possible, not the date of separation. That is the default time used, and what is set out in the California Family Law Code in section 2552. There are some times when the business may be valued at a different time, and the burden...

“New Law Regarding Pet Custody”

New Law Regarding Pet Custody Judges in California have long been asked to make decisions about family pets in divorce cases, but as of January 1, they now have some clearer guidance on how to make such decisions. The new law allows for temporary orders, and takes into account who takes care of the animal in making such decisions. Here is the full text of the new law: “Section 2605 Family Law...

We Need A Buyout Of The Family Home: When Is The Value Calculated?

“We Need A Buyout Of The Family Home: When Is The Value Calculated?” Houses are generally valued at the time of trial or settlement, unless there is a strong reason to value them at a different time. So, for instance, if the housing market is RISING, the party whose interest is being bought out will benefit from a later settlement, while the party paying the buyout will benefit from resolving...

Secret Recordings in Family Law Cases

“Secret Recordings in Family Law Cases” I can’t tell you how many times a current or potential client has told me “I have the recording to prove what I am telling you.” This always makes me ask, with trepidation, “Did your ex know that you were recording?” This matters, because in California (although NOT Federal law) BOTH parties must consent and/or be aware that the conversation is being taped...

Can Online Reviews Be Defamation Or Slander?

“Can Online Reviews Be Defamation Or Slander?” These days, everyone looks at online reviews, and a lot of people write them. Some reviews are nice, and others are not. A bad review can do damage to a business, and things can get pretty heated when a bad review is left, even if it is warranted. So what is the law on this? Are online reviews privileged? How can you know if a review exposes the...

“Does My Ex-Spouse Have An Interest In The House I Bought Before Marriage?”

“Does My Ex-Spouse Have An Interest In The House I Bought Before Marriage?” This is actually a very common scenario. One party to a marriage owns a house before marriage, and at the time of the divorce, the spouse tries to claim an interest in the property. DO they actually have an interest? The answers is that in most situations, they do have an interest. However, it is not a 50-50 interest, as...

“Why You Don’t Want An Angry Lawyer”

“Why You Don’t Want An Angry Lawyer” Lawyers have many different styles of practice and presentation in a courtroom. There are many different styles of negotiating as well. When you pick an attorney, you should choose one whose style suits your own and who you feel comfortable with. After all, you will be working with the attorney over a period of time to try to accomplish your goals, whatever...