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Maria Rogova

Post-Marital Agreement. Are you buying a house or starting your business and want it to be your separate property? Make sure you and your spouse sign a post-marital agreement.

POST-MARITAL AGREEMENT/ POST-NUPTIAL AGREEMENT What is a Post-Marital Agreement? The Post-Marital Agreement also known as a Post-Nuptial Agreement (Postnup) means an agreement between spouses regarding property. Family Code Section 1620 states, “Except as otherwise provided by law, spouses cannot, by a contract with each other, alter their legal relations, except as to property.”   The...

A Premarital Agreement also known as a Prenuptial Agreement (Prenup)

PREMARITAL AGREEMENT “You can save a few thousands of dollars now and avoid hiring an attorney to prepare and negotiate your Premarital Agreement, BUT you can lose a fortune later. Spend money wisely.” Maria Rogova, Esq. What is a Premarital Agreement? The Premarital Agreement also known as a Prenuptial Agreement (Prenup) means an agreement between...

Were you ordered to pay child support? You paid for a while and then stopped? If so, you owe not just child support arrearages, but also interest.

Were you ordered to pay child support? You paid for a while and then stopped? If so, you owe not just child support arrearages, but also interest. Pursuant to Family Code Section 291(a) child support orders and judgments are enforceable until paid in full or otherwise satisfied. Hence, if you were ordered to pay child...

Trust your spouse, but don’t be blind or deaf. Decided to transfer property rights, don’t forget to put it in writing. Marital Agreements and Transmutations.

Trust your spouse, but don’t be blind or deaf. Decided to transfer property rights, don’t forget to put it in writing. Marital Agreements and Transmutations.   We fall in love, get married and hope it will last forever. I hope you are right, but what if you are not? Spouses have to openly communicate with,...

Unauthorized practice of law in California. What can you do if you became a victim of someone who is unauthorized to practice law in California?

Unauthorized practice of law in California. What can you do if you became a victim of someone who is unauthorized to practice law in California?   “In California, only attorneys can practice law. When someone who is not licensed to practice law provides services that can only be performed by attorneys, that is called the unauthorized...

What is a marriage of long duration? Why is it significantly different from a marriage of short duration?

Question: What is a marriage of long duration? Why is it significantly different from a marriage of short duration? Answer: Pursuant to Family Code Section 4336, a marriage of 10 years or more, from the date of marriage to the date of separation, is a marriage of long duration. Family Code Section 4336: (a) Except on...

What does the date of separation mean? Why is it important to determine the date of separation correctly?

Question: What does the date of separation mean? Why is it important to determine the date of separation correctly? Answer: Pursuant to Family Code Section 70, “Date of separation” means the date that a complete and final break in the marital relationship has occurred, as evidenced by both of the following: (1) The spouse has expressed...

Going through a divorce? Don’t lose your house. Sever the joint tenancy with right of survivorship.

Question: I am going through a divorce. My spouse and I own a house as joint tenants (community property) with right of survivorship. Is it correct that if I die pending a marriage dissolution proceeding my spouse will receive my half of the house? Answer: Yes, unless you sever your interest in the joint tenancy...
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