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Topic

Separate Property

50 published works

  1. Dallas Divorce Law Blog

    The Inception of Title Rule – A Primer.

    By Paul McGrath

    Frequently I receive a lot of questions regarding how to prove the character of a certain piece of property. Recall that community property in Texas is defined in the negative…

  2. Dallas Divorce Law Blog

    Question to Dallas Divorce Lawyer: My spouse got in a car wreck, can they take my separate property?

    By Paul McGrath

    Recently I had a potential client present the following scenario to me. Wife was involved in an at-fault car accident. Wife is sued by the other driver. Husband is concerned…

  3. Dallas Divorce Law Blog

    How to Divide Marital Property in a Dallas, Texas Divorce

    By Michelle May O'Neil

    Part of any divorce in Dallas Texas is dividing the marital estate. A marital estate includes both the assets and debts that are considered community property and does not include…

  4. NJ Family Legal Blog

    The Commingling of Separate Assets with Marital Property in Equitable Distribution

    By Fox Rothschild LLP

    New Jersey's Equitable Distribution Statute guides courts to consider several factors in deciding how to distribute property upon the dissolution of a marriage.  For instance, courts consider, among other factors, the…

  5. NJ Family Legal Blog

    Separate Property – Prove It or Lose It

    By Eric S. Solotoff

    One of the things that we were reminded of from the McGreevey divorce is that if a party claims that an asset is exempt from equitable distribution, they have the burden of…

  6. Virginia Family Law Journal

    What Property Rights Are Created by Marriage and Divorce in Virginia?

    By Rob Hagy

    What property rights are created by marriage and Divorce? Virginia statutes now provide for the "equitable" distribution of the marital property between the parties at the conclusion of the divorce.…

  7. Virginia Family Law Journal

    Husband’s Quit Claim Deed Renders Marital Residence Wife’s Separate Property

    By Rob Hagy

    In the case of Nogomondjami v. Ermarth, the Fairfax Circuit Court ruled that when Husband signed a quit claim deed of the marital residence to Wife that it caused the…

  8. Virginia Family Law Journal

    Court Properly Traced Separate Property Contributed to Home

    By Rob Hagy

    In the case of Tesfay v. Tesfay, the Virginia Court of Appeals, in an unpublished decision, ruled that the trial court did not err in tracing $28,000 as a separate…

  9. Family Law Prof Blog

    Case Law Developments: Refinancing Not Per Se Transmutation of Separate Property

    By Family Law

    Wiese v. Wiese, 2005 Va. App. LEXIS 322 (Aug. 23, 2005).The Virginia Court of Appeals joins the courts in Ohio and Idaho in holding that refinancing does not per se…

  10. Virginia Family Law Journal

    Legal Malpractice Suit Proceeds Separate Property

    By Rob Hagy

    A California court has held in the case of In Re in the Marriage of Klug that the proceeds of a legal malpractice action constitute separate property where the cause…