Jaburg Wilk

News/Publications

  • 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

    Categories: Family Law, Article

  • How long will it take for my divorce to be final?

    The amount of time it takes for a divorce to be finalized is different in everyone's case and is driven by a variety of factors. 

    One of the most important factors is whether other professionals need to be brought into the case such as custody evaluators or business appraisers. This will take more time, as they play an important role in helping to provide information necessary to either settle the case or … Read More

    Categories: Family Law

  • 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

    Categories: Family Law, Article

  • 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

    Categories: Family Law, Article

  • 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

    Categories: Family Law, Family Law, Article

  • 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

    Categories: Real Estate, Article

  • 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

    Categories: Real Estate, Article

  • 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

    Categories: Real Estate, Article

  • 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

    Categories: Real Estate, Article

  • Watch for Excess Proceeds Following a Trustee Sale

    Arizona land owners are seeing a change in the real estate landscape. While Arizona law has not changed, marketplace improvement has triggered the application of an existing law that affects both the property owner and those holding liens against the property.

    Arizona law governs how and when excess proceeds are paid following a trustee sale.  Excess proceeds in the trustee sale setting are generated when … Read More