Family Law Blog

Will Inheritance Be Divided in a Divorce?

Friday, February 14, 2020

Aside from the emotional impact, one of the most difficult aspects of divorce comes from dividing the assets between you and your spouse. One of the lesser considered aspects of property division in divorce are items gained through inheritance. Is inheritance considered community property that must be split or is it considered separate property that you will solely retain?

Shared Property vs Inheritance 

In most cases, property gained during a marriage is considered shared property that you will need to split. However, inheritance remains protected as individual property no matter when you get it. This means you will usually retain ownership except in certain circumstances. There are two primary ways your inheritance can go from individual property to shared property.

Monetary Inheritance

The first way is if you had real estate and ended up adding your spouse's name on the deed. This would help them inherit it if you passed away, but also transforms it into shared marital property that will need to be divided in a divorce. The second way to lose inheritance in a divorce is if you got a monetary inheritance and deposited it in a shared bank account. If it were kept separate from shared money, then it would remain as individual property. However, once your inheritance commingles with the rest of your shared money, it is considered shared property. As such, don't just expect a judge to say you can take your inheritance amount out of the bank account since that would now be impossible.


Are you getting ready to start the process of divorce or have any other family law issue that needs legal representation? We can help. Contact us today to see what the Law Office of Jamra & Jamra can do to help you get the best possible results from your uncoupling while keeping it as stress-free as possible.

Can You Increase Spousal Support?

Tuesday, September 17, 2019

alimony payment

If there is one thing that is certain in life, it is that circumstances can and will change. This is why spousal support can be so fickle. The circumstances that were your life at divorce can often change over time, but the question is, will they affect spousal support. In truth, you can increase and decrease the amount you get from spousal support payments depending on what is going on in your life. These circumstances include:

Both Parties Agree

The most rare reason is both parties can agree to lower or raise an alimony payment. Even in the most amicable divorces, this is not likely to happen, but a signed document by both parties taken to the court is good enough reason for them.

Cost of Living Adjustment

If there was a clause in your divorce that states alimony will be adjusted for the cost of living, this can cause alimony to go up in order to adjust to the annual cost of living. This often solves any future need to modify spousal support, but it can be a difficult clause for both parties to agree on.

Escalator Clauses

Similar to a cost of living clause in a divorce decree, there can also be an escalator clause. This means that when the spouse paying makes more money, they have to pay more in spousal support. However, this clause can be a gamble as it can work the opposite way as well.

Temporary Loss

If you have become unemployed temporarily, your spousal support can be modified temporarily. The courts could rule that payments stop for a short while or that they just decrease until whatever is affecting the spouse's life changes.

While divorce shouldn't be about who gets the most, you always want your fair share. If you are going through a divorce, contact us today to see how the Law Office of Jamra & Jamra can help.

What Happens When A Child Doesn’t Want to Have Visitation?

Tuesday, January 02, 2018

Often when it comes to visitation issues, typically it is one parent not showing up to a scheduled visitation, resulting in understandable heartbreak. However, occasionally it can actually be the child that doesn't want to attend a visitation. Maybe they are bored just watching TV with dad all day, or maybe mom is seeing someone new and it is resulting in some discomfort on their part. Regardless of the reason, what happens when a child no longer wants to attend visitation?

If the custodial parent denies visitation, they can be held in contempt of court. This can still happen if your child is refusing. This is why the custodial parent needs to take steps in order to remedy their relationship with the non-custodial parent.

The incontrovertible first step should always be to ask your child why they don't want to go. Sometimes it can be from neglect or abuse, and then that becomes a whole different ball game where you can often have visitation revoked. However, if it is something like boredom and negative emotions, often you can ask your ex-spouse to address these issues. Perhaps it would be better to spend time with their child doing more interesting things or it would be better if their new significant other wasn't around until they were more comfortable. You, as the custodial parent, need to explain very clearly how spending time with both parents is important. Make sure it is known that both sides love them and both sides always want to spend time with them.

If your child still refuses, a last resort may also be asking your ex-spouse for a little break from visitation. However, this might open you up to legal action. This means that if your child is refusing visitation, you may want to contact us to talk your options over with a lawyer.

What About Our Home After a Divorce?

Thursday, August 10, 2017

Divorce can be a devastating experience. Not only are you splitting from someone you once loved, but you must divide your assets. One of your biggest assets is likely your home. Deciding who gets the home can be a difficult and contentious decision, which should ideally be made by you and your ex rather than be left up to a judge's decision. When making decisions about your home, you have several options.

One of You Keeps the Home

Sometimes, the best solution is for one of you to keep the home. In some cases, the one keeping the home may buy out the other person, allowing one spouse to have the home while the other has the money.

One of you keeping the home is also often a good solution when you still have children at home. The children can continue to live in the home until they are grown. In some cases, the house may then be sold. In other cases, the person living in the home may continue to live in the home even after the children have moved out.

Sell the Home

For many splitting couples, selling the home and splitting the profits is the best solution. This might be the best solution if both of you want the house or if maintaining the home would cause a financial burden for the person wanting to keep the house. It is also often a good option if neither person wants to keep the home, especially if both people want to make a fresh start, in a new community, far from the memories of that home.  

Each Keep One

If you own more than one home, you may be able to come to a compromise where you each get one home. Of course, this may require some serious compromising on one or both of your parts, especially if one home is worth significantly more than the other.

Unfortunately, your home is just one of the property division issues you will face during your divorce. Contact us to learn how we can help you through the divorce process.

Challenges in High Net Worth Divorces

Sunday, May 03, 2015

Divorce is never an easy or pleasant experience. However, your experience will become even more complicated, and therefore more traumatic, if you are a high net worth individual.

The wealthy actually have many challenges when it comes to a divorce, and not all of them have to do with division of assets. That doesn't mean however, that division of assets is easy in a high net worth divorce. In these cases, in fact, it is even more likely that spouses will disagree on matters like division of assets and alimony, often leading to litigation.

If you are planning a divorce, get in touch with a San Jose divorce lawyer and seek the best possible advice for your situation. While it is important to focus on keeping things as amicable as possible, especially if there are children involved, it is also important to protect your legal and financial rights.

One challenge that high net worth individuals may have is frequent travel for work that leaves them less capable of sticking to a standard parenting time schedule. Talk to an attorney about all of the restrictions that you have on your time, and how these can be taken to consideration while determining the parenting schedule.

Don't be in a rush to move out of the house. You may have had enough of your spouse, and no longer want to be in the same room with him /her. However, if you move out, it could affect your child custody schedule later. It's much easier for the court to simply decide in favor of the parent who remained in the house with the children. You however, may be considered the one who abandoned the children.

What to Do with the House during the Divorce

Wednesday, April 01, 2015

The marital home is one of the most contested assets during a divorce. It's rare that spouses can easily agree on what to do with the marital home.

However, you might find that the decision that you make is not entirely in your financial well-being. Very often, persons, especially women, make the decision to retain the house during the divorce. The reasons for this are very often emotional. Women may have a deep emotional connection to the home, and may not want to dispose of it. Besides, if there are children involved, women may believe that the children will prefer living in the home, and that the sense of continuity that this will provide them will make the divorce easier on them.

That may be a valid reason, but it doesn't change the fact that retaining the house could be a big mistake and a financial drain. Keep in mind that after the divorce, you are likely to have different financial circumstances from now. You will have a single income, and have to maintain all of your expenses on very limited income. Even with alimony payments and child support, you may find that the money simply isn't enough to pay for the upkeep of a home.

Remember, maintaining the house is expensive, and apart from utilities, and repair expenses, you're also looking at a variety of taxes that have to be paid regularly. When the house is linked to a mortgage, then you have mortgage payments to make as well.

Instead, consider disposing of the home, and selling it off. You and your spouse can divide the proceeds. This is one of the more convenient, and cleanest ways of dividing the house. However, selling the house is not without its problems. There may be tax complications to consider. Speak to a divorce lawyer in San Jose before you make any major decisions about division of assets.

How Divorce Affects Your Hedge Fund Manager

Friday, February 27, 2015

If your hedge fund manager is planning a divorce, then you probably need to redeem. That is the piece of advice that emerges from recent research that found that marriages and divorce definitely tend to affect hedge fund manager performances.

However, it was marriage that seemed to affect hedge fund manager performance, more than divorce. Those findings were a surprise to the researchers, who thought that divorce would have a more dramatic effect on a hedge fund manager. Age and experience played a role in how much marriage and divorce affected a hedge fund manager's performance. The performance of order managers, for instance, was much more likely to be impacted by marriage, compared to younger managers, who were not impacted by marriage. However, younger managers were much more likely to be impacted by a divorce. They saw him sharper dips in their performance or in their funds alpha during a divorce, compared to older managers.

The research was based an analysis of more than 786 hedge fund managers, who married, divorced and remarried over the study period. The study clearly found that limited attention during a marriage or divorce definitely impacted investor returns.

The results of the study are not surprising to any San Jose divorce lawyer. Marriage and divorce are some of the most distracting times in your life. Divorce, however, is also accompanied by trauma and stress, and can affect your performance at work.

Seek help from a San Jose divorce lawyer when you're going through this critical stage in your life. The decisions that you make now, will affect you not just over the short term, but over the rest of your life. Call a San Jose family lawyer to discuss your case.

Seniors Now Constitute Significant Divorce Population

Sunday, October 12, 2014

Since 1990, divorce rates involving senior citizens above the age of 50 have increased significantly across the United States. The rate has doubled in the above- 60 group. Those increased divorce rates come at a time when divorce rates in almost every other age category are actually down.

There are a number of reasons for why those divorce rates have been increasing in the senior population, even as they have been dropping among other age categories. There are a number of factors that spike the divorce rate for seniors. For instance, seniors are much more likely to suffer from the “empty nest” syndrome, when their children are grown up, and they have the house to themselves. That automatically leads to thoughts about the meaning of life, and seniors begin to evaluate their lives. They may look around, and believe that they do not want the same kind of life with the same person for the next 20 or 30 years.

Besides, seniors can now expect to live for much longer than they used to a couple of decades ago. Longer lives means seniors who don't want to live that many years in possibly unsatisfying relationships. In other words, seniors are at a stage of their life where they are beginning to reevaluate their lives, and that means reevaluating their relationships.

Additionally, seniors may be in a much more financially comfortable position, and also may not struggle with issues of how the divorce will be handled by their children. When you know that your adult children are likely to be happy with whatever is best for you, you are much more comfortable about making the decision to walk out.

However, just because those divorce rates have increased, doesn't mean that there are no problems in a senior divorce. Senior women, for instance, who, haven't worked in a long time, may be much at a much higher risk of financial disaster during a divorce. Discuss your situation and your circumstances with a San Jose divorce lawyer.

Expensive Weddings Linked to Divorce

Saturday, October 04, 2014

Could a fancy expensive wedding with designer wedding gowns and eye-blinding bling, increase the risk of a divorce? New statistics definitely seem to indicate so.

Researchers recently analyzed data on 3000 American couples, and investigated their wedding expenses and the duration of their marriage. They were specifically investigating whether more expensive weddings were less likely to last. They found that women who spent more than $20,000 on the wedding were much more likely to find themselves needing a San Jose divorce lawyer over the next few years, compared to women who spent less than that amount.

In fact, the risks were 60% higher for women who had expensive weddings. Men who lavished approximately $2000-$4000 on their engagement ring, had a higher likelihood of divorce, compared to men who spent $ between $500 and $2000 for the engagement ring.

So, what kind of weddings are the most successful? The study seems to find a surprising link between marriage success and weddings that have more numbers of guests, compared to those that are more intimate affairs. The trend seems to be towards expensive weddings that have fewer numbers of guests. But, people should be probably cut down other types of expenses, and invite more numbers of guests to the wedding.

The researchers speculate that many people go for expensive weddings purely to show off, and that doesn't necessarily bode well for the marriage. Additionally, the more expensive a wedding, the less likely the bride or groom is to call the wedding off, if he or she develops cold feet, or premarital jitters. Precious studies have indicated that persons who suffer from premarital jitters are much more likely to end up getting divorced, compared to those who did not suffer from second thoughts.