- Case revolved around a long-standing marriage where the parties had a Post Marital Agreement. Dispute arose between parties as to the character of various assets purchased during the marriage. Since most of the assets were seen as separate property of one party and due to the age and health of both parties, this case resolved a critical issue of providing a means of support for the supported party upon the support obligor's death (FC 4360).
- Mediation with parties and counsel. Negotiated buy-out of family residence, division of retirement accounts and defined benefit pension, and spousal support with limited term, non-modifiable provisions. The parties entered into a comprehensive Memorandum of Agreement.
- Mediated dispute involving sale of family residence, division of defined benefit pension; apportionment of deferred compensation accounts, division of employee stock plan, allocation of debts, long-term spousal support including earning capacity, post-separation credits and charges, and fees. Parties entered into a written Memorandum of Agreement.
- Mediation with parties and counsel. Matter involved disputed interspousal deed signed during marriage and presumption of undue influence, valuation of real estate, long-term spousal support and fees. The parties also sought to resolve pending enforcement actions concerning purported non-compliance with temporary orders and requests for sanctions. The parties reached a Stipulated Judgment.
- A matter regarding division of assets and permanent spousal support. Matter proceeded to trial on these issues, and resulted in a division of assets but not spousal support, as the Court found that the requested party was financially independent under FC 4322.
- Mostly a property division case, with a dispute regarding the character and division of non-qualified deferred compensation accounts, spousal support and fees. The matter was settled in mediation.
- This was a litigated matter involving the character of several business interests, allegations of undisclosed assets and income, child custody, child support, spousal support and attorney fees and costs. The parties reached a Marital Settlement Agreement.
- Transmutation dispute; apportionment and real property valuation; breach of fiduciary duty and asset mismanagement. The case was tried and the judgment was unsuccessfully appealed.
- A substantial property case, involving multiple real estate investments. Issues included potential partition of large parcels. The death of party while the matter was pending led to jurisdictional and procedural disputes and a subsequent probate court proceeding.
- Case involved stock and options obtained by a spouse before and during marriage. Parties disputed the character and value of the interests. One spouse sought a buy-out of the community interest while the other sought to divide the community shares in kind. Included a substantial spousal and child support obligation. The parties entered into a Marital Settlement Agreement.
- Property dispute, required joinder of a parent who owned land upon which the community had made significant improvements. Involved cross-over legal issues such as partition and easements. Also, involved issues regarding child support, spousal support, management and control of family business, earning capacity, and post-separation accounting claims. The matter proceeded to trial and was resolved by post-trial agreement.
- Complicated property issues, including tracing of contributions to the purchase and improvement of high value real estate assets. Valuation of two on-going businesses, valuation and partition of real estate. Division of family business which both spouses sought to own.
- Protracted mediation with parties and counsel involving multiple real estate assets, issues regarding separate property and claims for reimbursement, tracing of retirement account accumulations, division of community interest in employer-sponsored plans, including a defined benefit plan, characterization and value of closely held business, and satisfaction of community debts, charges and offsets. The parties entered into a Marital Settlement Agreement.
- Mediation with parties and counsel. Parties first mediated temporary issues, including child custody, child support, spousal support, extracurricular expenses and attorney fees and costs. Parties returned to mediation to pursue settlement of all property issues and permanent support. Issues included valuation of business interests, characterization and division of community interest in retirement accounts, calculation and terms of equalizing payment, co-parenting plan, child support, spousal support and attorney fees and costs. The parties entered into a MSA.
- Mediation of heavily litigated matter, parties participated with counsel. Parties reached a Marital Settlement Agreement resolving all issues which included sale of residence and resolution of multiple claims for credit and reimbursement, value of professional practice, personal property, apportionment of retirement accounts, custody, child support, spousal support (included fixed term, non-modifiable spousal support) and fees.
- Mediation involving buy-out of family residence and defined benefit pension, allocation of debts and tax obligations, and waiver of spousal support. Parties participated with counsel and entered into a Memorandum of Agreement.
- Mediation with parties and counsel. Parties owned real estate, with other family members, and disagreed regarding the extent and value of the community interest. Involved potential partition of the real estate. Parties also had disputes about separate property reimbursement rights and disposition of other community assets by sale or division in kind. The parties entered into a comprehensive Memorandum of Agreement.
- Mediation of dispute related to sale of former community business, allocation of the sale proceeds, permanent spousal support and a security deposit to secure future spousal support. The parties reached a Stipulation and Order resolving all issues.
- Mediation which began directly with the parties, but ultimately included counsel for both. Parties disputed the ownership interests in valuable real estate holdings. Parties reached an agreement, which provided for the sale of real estate, allocation of prospective sale proceeds, and a lump sum buyout of permanent spousal support.
CHARACTER, VALUE, AND DIVISION OF PROPERTY
REPRESENTATIVE CASES