How do I know if an asset is really my sole and separate property?
In the State of Arizona, any and all property is presumed to be community property. However, property is characterized at the time of its acquisition and therefore, if you owned property prior to your marriage, it is and remains your separate property – unless you gifted same to your spouse, entered an agreement to transfer same to your spouse, or commingled same with property of your spouse AND it is … Read More
Financial Issues in Divorce - Dissipation or "Waste" Claims
In Arizona, it is not uncommon for a spouse in a dissolution proceeding to assert a "waste" claim against the other spouse. The term "waste" does not appear in the Arizona statutes that define community property or relate to the dissolution of marriage.
The concept generally derives from the fact that both spouses in a marriage have a fiduciary relationship to each other that extends to the community … Read More
How to Prepare for Mediation
Mediation is a voluntary process in which the parties jointly select a neutral third party facilitator to help reach resolution of all or some of the issues in their divorce proceeding.
Mediation as we prefer to conduct it involves the lawyers at all times, including all meetings between the clients and the mediator. The mediator is a private person who is engaged and will typically be compensated based on … Read More
What Are Requests For Admission And How Can They Help My Divorce Case?
Requests for Admission are written statements of fact which are submitted to an adverse party in a divorce proceeding which that party is required to admit or deny. They can be an effective and efficient way to establish facts and limit the amount of unresolved issues for trial. Any party to a divorce action has the right to serve on a written Request for Admission on the other party. For example, such a request … Read More
Top Tips About Binding Arbitration Clauses
When faced with a contract dispute, parties frequently hire attorneys and use the court system to resolve their dispute. However, there is an alternative dispute mechanism - Binding Arbitration - which is available to resolve disputes if the parties have already agreed to use that method of dispute resolution. In boilerplate contract language, binding arbitration provisions may exist. Such … Read More
Letter of Intent
In a typical residential sales transaction, the first formal document usually exchanged is an offer, usually by the buyer to the seller. The seller then either accepts or submits a counter-offer, and back and forth it goes until one side either accepts the other's counter-offer or calls off the negotiations. Upon the acceptance being communicated the two sides have successfully entered into a legally binding … Read More
Confirm Your Easement Access
Have you purchased or handled a sale of rural land with a winding, dusty private driveway that crossed neighboring property once or twice before reaching the public road? Did you compare that driveway with the property deed, to see if the deed included an "easement" for the driveway? Did the legal description of the easement actually match the driveway's layout? When you are buying unimproved land, it is essential … Read More
How Domestic Partners Can Hold Title to Property in Arizona
In today's world, fewer marriages exist and more people are cohabitating in committed relationships for various reasons.
Arizona's community property laws do not apply to the ownership of real property between unmarried individuals. This limits the way in which title can be held, but also raises additional issues, such as what happens to the property upon the death of one of the individuals.
If two people … Read More
Protect Your Brand Against Cyber Squatters on the Internet
Maybe you have heard that the Internet is about to drastically change. Maybe you have heard that by the middle of this year, domain names ending in .app, .web, .pizza, .shop, .hotel, .restaurant and over a thousand others will become available for public registration. These new extensions are called generic top level domains, or gTLDs.
If you are a brand owner and have given this any thought, you … Read More
Understanding Intellectual Property is Critical to Proper Due Diligence
With technology invading almost every aspect of our life, intellectual property rights are valuable and complex. While traditional assets are usually easy to identify, IP assets are not. Successful business owners and managers know that identifying a problem and solving it is at the heart of maintaining profitability and providing a superior service or product. Identifying the problem is easy, … Read More