Property Division, Real-Estate, & Washington Divorce Law

By Robert Stark
All property division pursuant to a divorce in Washington state starts from the simple premise that all assets accumulated during the marriage will be presumed to be "community property" and split 50/50. But in practice the 50/50 split often does not end up being the result because of such legally cognizable factors as: the earning power of the parties upon termination of the marriage is highly unequal, one party made the entire down-payment, the property came by inheritance, and quite a few others. Often time this arises in shorter marriages where the parties have acquired a piece of real-estate. So how does one answer this question?

The mortgage rule is a legal tool used to characterize property acquired, using both community and separate funds, over a period of time. Harry M. Cross, The Community Property Law in Washington, 61 WASH. L. REV. 13, 39-49 (rev. 1985). The mortgage rule examines whether both parties concerned were obligated to make payments in order to retain ownership of the disputed asset. If there was no such continuing obligation, then the character of the asset is retrospectively determined to be proportionate to the ratio of separate and/or community funds used to acquire the asset. Absent a continuing obligation, the character of the property is retrospectively determined to be proportionate to the ratio of separate and or community funds used to acquire the property It is precisely this mortgage indebtedness that itself constitutes a contribution to effect the final determination of what proportionate share either party should be entitled to. If the other spouse signs the promissory note they become liable to the bank and later third parties for repayment. Even if that party had low income and no assets to secure the loan it is still a contribution. If separate funds are used to make a contribution and are traceable a lien for the down-payment amount could be found but only to that extent of that separate contribution to the down payment. However, In Re Hurd changes this slightly in that the separate character of a cash down payment can be transformed into community property by titling the home in both parties names. (Thus we see some significance in whose name an item of property actually stands.)

This includes such assets as the appreciation of retirement plans that were purchased before the marriage. The value of such an asset must be analyzed to determine what portion grew or accumulated during the marriage and the value prior to the marriage.

Washington state divorce law purposefully vests a substantial degree of leeway to the Judges hearing your case (and I say Judges because the Commissioners only deal with pre-trial issues, modifications, and contempt; they can't divide the equity in your home or business). Carefully planning from the start of your case is necessary to develop the evidence needed in property characterization. It also gives the attorney time to become familiar with what both parties real financial futures might look like upon final dissolution of the partnership. This is especially important where one is not dealing with a trivial amount of assets, or if you feel your spouse has a significantly higher earning potential.

Division of real estate under Washington state divorce law can also be made not in accordance with whose name is on the title to the property. Whose name the property is titled in, does not settle the matter conclusively but may be considered by the judge among other factors as possible indicia that the parties wished to make it separate.

Seattle Divorce Attorney Robert Stark specialize in Washington State Divorce family law, child custody law, Washington Divorce cases and much more.

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San Diego DUI Lawyers

By groshan fabiola
Having San Diego DUI lawyers on your side means that they can represent you at any administrative proceedings that take place. One of these proceedings may be a hearing about the status of your driving privileges. So, since license suspension is a standard administrative penalty any time anyone is arrested for DUI in New York, San Diego DUI lawyers can help you by representing you during the DMV hearing that is held. You may be able to get a temporary or restricted license that you can at least use to get to work or school while you are waiting for your criminal trial.
Since DUI is a criminal offense, there are also penalties that can be imposed if you are convicted. If this is the case, your San Diego DUI lawyers can speak on your behalf prior to sentencing. Your attorney may ask the judge to grant you leniency based on any number of factors including disability, illness, having a new child at home, having to earn an income to support your family, or having to care for sick parents or children. The judge will consider this information when preparing for sentencing so while there is no guarantee that he or she will be lenient, it is still a good idea to have your San Diego DUI lawyers speak on your behalf so the judge will have all the information needed to make the right sentencing decision.
Having San Diego DUI lawyers offers many benefits for anyone who has been charged with a DUI offense. Your lawyer can help you fight the charges in criminal court, helping you retain your freedom. Your San Diego DUI lawyers can speak on your behalf before criminal sentencing takes place to create a chance for leniency during sentencing.

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For more resources about drunk driving lawyer or about drunk driving chart or even about San Diego dui attorney, please check out these links.

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No Lawyer Is Above The Law 10 Tips On Suing Errant Lawyers

By Aaron Brooks
A lawyer is not god or above the reach of the law. Most countries including the US have laws that declare that lawyers are accountable for the actions they take and as a professional every lawyer must behave professionally, responsibly, and ethically.

Often the lawyer you hire may not be ethical or squeaky clean, in this case you can protect yourself from legal malpractices by suing your lawyer. Before you file a suit you need to know that you are well within your rights to sue your lawyer.

Lawyers can be sued for malpractice, misrepresentation, inappropriate billing, negligence, breach of fiduciary duties, and breach of contract among many other instances.

To sue a lawyer you need to establish clearly that the lawyer had wronged you. The court needs to know in no uncertain terms that the lawyer let you down on a case you would have otherwise won. Suing a lawyer has to be done quickly, find out from your state bar association or court what the time limit is.

Suing a lawyer is expensive so before you take the final step you should try: meeting your lawyer and laying the cards on the table, try and solve matters; complaint to the local Bar Association; or seek arbitration to resolve the dispute. If nothing works and you are confident of the strength of your case go ahead and sue the lawyer.

To effectively sue your lawyer you must:

1. Keep immaculate records of your case, contract with him, and all meetings, phone calls, and so on. The documentation must be airtight.

2. Prove beyond doubt how much the case has cost you in terms of legal fees and other expenses.

3. Establish clearly that the lawyer did not act properly, dereliction of duty.

4. Prove breach of duty and negligence.

5. Have proof that the lawyer’s lack of interest and misrepresentation hurt you financially.

6. Have documentation showing how the case proceeded and where the lawyer slipped.

7. Keep documentations of unreturned calls, cancelled meetings, and non-appearance at hearings.

8. Show that the lawyer let your case gather dust while he focused on other clients in spite of your many reminders or urgings. That for the lawyer your case held no commitment or interest.

9. Establish that after agreeing to handle your case personally the lawyer left the case work to an assistant or junior.

10. Have proof that the lawyer has misappropriated your funds, over billed you, or settled the case on your behalf with vested interest in the opponent.

Malpractice and law are related and sadly many lawyers forget the wows they took and practice law that is unethical and unlawful Every citizen has the right to justice and so when you have enough evidence to sue the lawyer you must first find a lawyer who will agree to file a suit against your lawyer. Always take a second opinion from a lawyer who is unknown to your lawyer and unrelated to the case that you are fighting. Suing a lawyer means high expenses as even lawyers who handle cases of suing errant lawyers charge exorbitant fees.

Read up extensively on suing a lawyer and refer to different cases to determine how successful you are likely to be. Weigh the pros and cons before you take a final decision.


About the author:
Aaron Brooks is a freelance writer for http://www.1866attorney.com , the premier website to find Attorney Directory including topics on civil right, litigation, defense, attorney power, legal services, prosecuting all crimes and much more. His article profile can be found at the premier Legal Article Submission Directory http://www.1888articles.com/legal-articles-3.html

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