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Separate Property

50 published works

  1. Dallas Divorce Law Blog

    Tracing separate property money in an account

    By Michelle May O'Neil

    In Texas, all property owned during the marriage is presumed to be community property of the parties, subject to division upon divorce. That presumption may be rebutted by showing that…

  2. Divorce: New York

    Separate Property Credit Granted For Home Down Payment, But Sale of Home Delayed For 10+ years

    By Neil Cahn

    In its January 8, 2015 decision in Albertalli v Albertalli, the Appellate Division, Third Department, upheld the granting of a separate property credit to a husband for the contribution of…

  3. Divorce: New York

    Wife Denied Separate Property Credit Against Home Deeded By Her to Herself and Husband

    By Neil Cahn

    Six years before the parties’ marriage in June 2000, the wife became the sole owner of real property, which would later become the parties’ marital residence. At the time of…

  4. Virginia Family Law Journal

    Virginia Supreme Court Clarifies Burdens Of Proof Concerning Appreciation Of Separate Property During Marriage.

    By Rob Hagy

    In a marital dispute under Virginia’s equitable distribution and marital property statutes, the Virginia Supreme Court in the case of David v. David, held that the Virginia Court of Appeals…

  5. Divorce: New York

    Deducting Separate Property Business Losses on Joint Tax Return May Transform Property to Marital

    By Neil Cahn

    Sometimes developing divorce case law seems like a bad game of telephone. Take the February 7, 2014 decision of the Fourth Department in Foti v. Foti. Here, the Court reversed the…

  6. Divorce: New York

    Credits on Divorce for Using Marital Funds for Separate Property Assets

    By Neil Cahn

    The August 21, 2013 decision of the Appellate Division, Second Department in Patete v. Rodriguez may have expanded the credits available to the non-titled spouse when marital funds are expended…

  7. Divorce: New York

    Contribution of Separate Property to Purchase of Jointly-Owned Marital Residence Was Not a Gift

    By Neil Cahn

    A spouse contributing separate property (most commonly pre-marital, gifted, or inherited funds) to the purchase of the marital residence does not make a gift of (half of) that payment to the…

  8. Divorce: New York

    Dividing the Appreciation and Mortgages on the Separate-Property Residence

    By Neil Cahn

    Dealing with the appreciation in value during the marriage of a marital home owned by one spouse before the marriage has been, perhaps, the most troublesome area of New York’s…

  9. Dallas Divorce Law Blog

    Converting Separate Property to Community Property in Divorce

    By Michelle May O'Neil

    In any Dallas Texas divorce proceeding, the issue of how to divide assets and debts must be resolved. Not every asset is obviously "separate" or obviously of the "community." Basically,…

  10. Divorce: New York

    Separate Property Rules Turned Upside Down

    By Neil Cahn

    It should have been a dead giveaway.  Court of Appeals Judge Victoria Graffeo warned us that in Fields v Fields (PDF), New York’s highest court was about to apply public policy…