Grant, 119 Ariz. 470, 581 P.2d 704 (App. 1978) (separate property put into joint tenancy).
The deed in the day care center transaction was made out to Zouheil as his sole and separate property.
Separate property can be transmuted into community property by agreement, gift or commingling.
Islamic law of Morocco applied and that under that law the funds used by Zouheil were his sole and separate property.
The same is true if a spouse fails to disclose an asset that would have otherwise been 100% the separate property of the non-disclosing spouse.
The Zouheils contend the trial court erred because Nationwide failed to prove that the debt was the separate property of Pierre Zouheil and not community property.
Nationwide had the burden of proving by clear and satisfactory evidence that the note was not a community asset but, instead, the separate property of Zouheil.
The real estate, if purchased with the separate funds of Zouheil, and granted to him as his sole and separate property, would still be his separate property.
For example, some of her clients felt empowered when they sold their engagement ring or another item of separate property and applied the proceeds towards their counsel fees.
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By using a prenup, both parties can decide in advanced what property will be considered separate property, what property will be considered marital property and how that marital property should be divided.
The downside to this is that Community Property is subject to the claims of the creditors of either spouse, while the Separate Property is subject to only the claims of the spouse who incurred the liability.
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To prevail Nationwide, had to show that the initial investment with the Jankes in 1978 was the sole and separate property of Zouheil and that there was no transmutation of this property from separate to community.
Parties will have already decided what property will be considered separate property (owned by one spouse), what property will be marital property (shared ownership) and how the martial property will be dealt with in the event of a break-up.
The upside is that the couple can agree between themselves to divvy up the Community Property so that in the future it is held only as Separate Property and thus available to the claims of one set of creditors only.
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The paraphernalia of a married woman, being the suitable ornaments and wearing apparel of a married woman, which have come to her through her husband during coverture, shall be her separate property as if she were a feme sole.
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In fact, the only way to change the character of separate property, like a family trust or gift funds, would be to commingle them with "marital" accounts with the explicit intent to share ownership or control with the other spouse.
The IRS has closed the loophole where a person could use a second mortgage to purchase a separate investment property while still deducting his or her mortgage from taxes.
These laws treat property acquired before marriage and via inheritance as separate and any other property acquired during a marriage as jointly owned.
When, as a teenager, he became too unruly for his wealthy parents to handle, they moved him into separate quarters on their property to keep him from harassing his two younger brothers.
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Later that day, he was arrested on suspicion of murdering Mrs Yates at her home in January, and of committing a separate burglary at another property in Thornbury over the Christmas and new year period.
Still, spouses can write out an agreement recasting pieces of property as either separate or community, depending on what works best for them.
Please note that there are separate rules for losses on property held in connection with a trade or business, or in a transaction entered into for profit, and should this apply to you, please speak with your tax advisor.
The activists' main idea for Carrefour was to get the company to spin off part of its enormous property portfolio into a separate entity.
It has now been shown that it is of Iceland spar - a form of calcite known for its property of diffracting light into two separate rays.
The separate carriage house is also located on the property and can accommodate 2 cars and has space above that could be used for a gym, office, or play room.
The triple-net REITs own properties leased primarily to single tenants in separate buildings who pay for all maintenance expenses, property taxes and insurance.
Because it deals with so many separate issues, from farm subsidies to intellectual-property rights, the WTO attracts a very mixed bag of opponents, which is one reason that opposition to it has been hard to focus.
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California couples are supposed to file separate single (or head of household) returns, but with community property income split as if they were married, in accordance with California law.
But no matter where you live, whether an all-property or marital only state, all sources of income , whether from separate or marital trust funds, will be included when support obligations are set.
Falling property prices mean that selling the family home may not provide sufficient funds for two separate homes, especially now that lenders have become much more choosy.
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