THURMAN'S FAMILY LAW AND DIVORCE TIPS -
FAMILY CODE SECTION 760 AND THE COMMUNITY PROPERTY PRESUMPTION
FC section 760 states the basic "time-rule" presumption that all property acquired during marriage or RDP and before the date of physical separation (see section 771) is presumed to belong to the community. However, it is a weak presumption in that it can be defeated when it comes into conflict with separate property presumptions (see section 770) and rules that usually relate to the form of title presumptions.
In my many years experience as a California divorce attorney, I've represented hundreds of people who've inadvertently waived their community property interest, often by unknowingly causing or submitting to transmutations (changes in the character of property from community to separate and vice-versa) by signing quitclaim deeds - although it is fair to say that many spouses unwittingly impair their pre-marital separate property interests by adding the other to record title as well.
The one unifying experience I observe is that people rarely knew the consequences of their actions relative to their community property rights, at least those dissolving first marriages. For parties who've previously been divorced, serious power imbalances can arise in their favor simply based upon the insights they've gained in the first or earlier go-arounds and don't think that they don't apply what they know to their advantage before the chinks in your relationship become evident. Love short-circuits common-sense, and if you intend to marry the best money you might ever spend (aside from entering into a premarital agreement) is to buy a few hours of an expert family lawyer's time to learn the landscape of the community property rules and pitfalls.
Read our Date of Separation Blogs For Much More Information!
Contact Palm Desert, Certified Family Law Specialist Thurman W. Arnold III
CALIFORNIA FAMILY CODE
CHARACTERIZATION OF MARITAL PROPERTY
WHAT IS COMMUNITY PROPERTY?
Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.
Testimonials & Endorsements
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“Not only is Mr. Peterson’s knowledge of the law beyond measure, he’s able to articulate it so it’s understandable.”
If you are going through a divorce, Arnold & Peterson is in my opinion the best option available. Mr. Peterson and his assistant Jordyn are top notch. Not only is Mr. Peterson’s knowledge of the law beyond measure, he’s able to articulate it so it’s understandable. He was able to navigate my emotions and help my uphill battle to receive proper visitation as a father. Jordyn never hesitated to reach out within the same business day if documents were needed or for any question I had about the process. Thanks to the team, we resolved the divorce healthfully. I couldn’t be more grateful.- Josh Arguijo -
“I needed the best analysis and advice possible. I found Attorney Thurman Arnold III in Palm Springs.”
I am a Veteran and Retired Deputy Sheriff. My divorce involved complicated property distribution and spousal support issues. I spent considerable time looking for the best Counsel I could find before I negotiated with my ex-wife and her Attorney. In fact, my case was in another county, but that didn't matter. I needed the best analysis and advice possible. I found Attorney Thurman Arnold III in Palm Springs. Attorney Arnold is a BAR Certified Family Law Specialist. In my humble opinion the best! His review of my case and how "Moore Marsden" property division applied was invaluable. His guidance saved me $30,000 dollars. Thank you, Thurman!- Jeff Jones -
“Mike is adept at managing expectations and being very fair and measured.”
Needed to modify a settlement and hired Mike Peterson. Mike is very, very knowledgeable and experienced. When you are going through a divorce or child custody issues, it is the most terrifying and stressful experience. Mike is adept at managing expectations and being very fair and measured. I wish I had hired him initially to get it all done straight the first time around. He is very responsive and communicative and understands the client well. Good luck going through this process - have a good guide like Mike without a doubt.- Donika McKelvie -
“I would highly recommend him and the firm”
Micheal Peterson is very knowledgeable of law and can help you make the best decisions for your family. He does is job with integrity. He helps with giving discounts when he can . I would highly recommend him and the firm . Very good staff .- Vincent Hall -
“Very professional, honest, and handled everything without a hiccup.”
Arnold & Peterson are a class act. Very professional, honest, and handled everything without a hiccup. When a year had passed, he and Jordyn contacted me to let me know I still had retainer on the books! I had forgot and they sent me the money anyway! For this I am very grateful and cannot recommend them enough. You won’t go wrong with Thurman Arnold. He is definitely the guy to have on your side.- Matt Feenstra -
“Simply the Best of the Best!!!”
I Highly Recommend Michael C. Peterson at the Law Office of Thurman W. Arnold!!! I hired Michael for my custody case and he is very knowledgeable and took the time to educate me on the process so we can put together a winning strategy. He fought for me and my children in court and successfully won our case. There are no words to describe how grateful and appreciative I am for Michaels service!!! If you are sitting on the fence on which Attorney to hire, do yourself a favor and hire Michael. I would not recommend anyone else!!! Simply the Best of the Best!!!- John and Lukes Tube -
“Mike amazes me by his knowledge of my case, made me feel like I was his only client.”
- Damaris M.I reached out to this law firm 2 years ago when my life was falling apart. My case was assigned to attorney Michael Peterson. I didn't know much about him except few reviews on google but I'm glad I hit the jackpot. Mike amazes me by his knowledge of my case, made me feel like I was his only client. He's very responsive, respectful and and goes above and…
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“He and Michael Peterson are truly masters of their craft.”
When my clients have family law issues, I routinely refer them to Thurman Arnold. He and Michael Peterson are truly masters of their craft. Family law can be an unwieldy beast, but they handle it with precision and finesse.- Edward Cross
