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Family Law

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Husband's debt owed to a family partnership of which wife is a limited partner was non-dischargeable in husband's Chapter 11 bankruptcy, even though the debt was owed to the partnership, not wife directly. Read More

A premarital agreement that contains a recital that seven days time was given between the date first presented and the date signed is unenforceable under Family Code section 1615 if evidence shows that less time intervened between presentation and execution. Read More

A spouse is liable for the other spouse’s debts incurred for the “necessaries of life” before separation, but only for debts incurred for the "common necessaries of life" after separation and before divorce; the former includes only the basics of food, clothing, and shelter, whereas the latter is a broader category that takes into account the circumstances of the particular… Read More

Denial of 5-year renewal of wife’s injunction against abusive ex-husband was an abuse of discretion given the ex-husband’s history of abusing the wife and children.  Read More

Conservator and attorney fees are not considered “support and maintenance” for purposes of Probate Code 3089, which allows community property to be divided for the support and maintenance of an incompetent spouse if the competent spouse refuses to pay for it voluntarily.  Read More

Ordinarily, a movant has no standing to seek disqualification of another party's attorney unless the movant had a prior attorney-client, confidential, or fiduciary relationship with that attorney.  Husband does not have standing to seek disqualification of wife's counsel in a marital dissolution proceeding. Husband sought disqualification on the ground that counsel had purchased the couple's former residence from wife to… Read More