Topic
Separate Property
50 published works
Family
Appreciation of Separate Property: The Forensic Accountant’s Full Employment Act
By Miles Mason
On October 20, 2020, with Anne Hamer, we presented at the Tennessee Society of CPAs Forensic and Valuation Services Conferences. Appreciation of Separate Property: The Forensic Accountant’s Full Employment Act…
Talkov Law Blog
In re Brace: Is Your House Community Property or Separate Property in California Divorce and Bankruptcy Court?
Will the Court Find that Your House is Community Property of Separate Property Based on the Presumptions from In re Brace (California Bankruptcy and Family Law Court)? In re Brace…
Family
Forensic Accountants’ Full Employment Act: Appreciation of Separate Property
By Miles Mason
The Forensic Accounting Deskbook by Miles Mason, Sr. JD, CPA, published by the ABA Family Law Section The Forensic Accountants’ Full Employment Act is Appreciation of Separate Property. Appreciation of…
Family
Don’t Underestimate Marital vs. Separate Property Disputes in Divorce
By Miles Mason
Marital and separate property disputes in divorce can be of the most hotly contested issues. What are marital assets in a divorce? Can separate property become marital property? Forensic accountants…
Wills, Trusts & Estates Prof Blog
Court Holds that a Husband had no Interest in his Deceased’s Wife’s Real Estate that was Obtained Via a Gift Deed
Property acquired by a married person in Texas is presumed to be community property, unless it is proven through clear and convincing that the property is separate property. This determination…
Wills, Trusts & Estates Prof Blog
Your Slice of the Pizza – Only Directly Inherited Asset Qualifies as Separate Property
Many states that are community property states declare that property that is inherited is categorized as separate property rather than part of the community estate. In California, the 5th Court…
Trust on Trial
Your Slice of the Pizza – Only Directly Inherited Asset Qualifies as Separate Property
(Editor's Note: The Court of Appeal granted rehearing on December 2, 2019 and later depublished the portion of its opinion discussed below such that it is no longer citable authority…
Divorce: New York
Considering Potential Capital Gains Tax Liabilities in Divorce
By Neil Cahn
If you were fortunate enough to buy stock in Apple Inc. in early 2009, you might have paid $13 per share. It’s now worth $150. If you’re getting a divorce…
Divorce: New York
You Can't Make A Gift To Your Married Child Without Getting The Lawyers Involved
By Neil Cahn
The ever-changing landscape of Equitable Distribution case law makes it difficult, if not impossible, to rely on the “law.” A parent cannot (or rather, should not) make a gift to…
Divorce: New York
Tracing One Spouse’s Pre-Marital Home Sold During Marriage To Purchase Another
By Neil Cahn
What do you do upon divorce when the home purchased during the marriage and titled in one spouse’s name was purchased using the proceeds from the sale of the home…