• Facebook
  • Youtube
  • Linkedin
Call Us At: (408) 553-0801
Lonich Patton Ehrlich Policastri
  • Home
  • Locations
    • San Jose
    • Santa Cruz
  • About
    • Why LPEP
    • Our Attorneys
  • Practice Areas
    • Family Law
      • Annulments
      • Certified Family Law Specialists
      • Child Custody and Visitation
      • Child Support
      • Divorce and Your Estate
      • Divorce Litigation
      • Divorce Planning
      • Domestic Partnerships
      • Domestic Violence
      • Enforcement and Modifications
      • Extramarital Affairs
      • Grandparents’ Rights
      • Harassment
      • Legal Separation
      • Mediation and Collaborative Divorce
      • Parental Relocations
      • Paternity
      • Postnuptial Agreements
      • Prenuptial Agreements
      • Property Division
      • Restraining Orders
      • Same Sex Divorce
      • Spousal Support and Alimony
    • Estate Planning
      • Business Succession Planning
      • Power of Attorney
      • Probate
      • Trust Administration
      • Trust and Probate Litigation
      • Trusts
      • Wills
  • FAQ
    • Estate Planning FAQ
    • Family Law FAQ
  • Blog
  • Pay Now
  • Resources
    • Family Law Resources
    • Estate Planning Resources
  • Contact Us
    • Careers
  • Get a Free Consultation
  • Menu
Lonich Patton Ehrlich Policastri

Free Consultation!

February 22, 2010/0 Comments/in Firm News /by Lonich Patton Ehrlich Policastri

Call Us Today for a free 30 minute consultation!

Visit our website’s contact page!

https://www.lpeplaw.com/contact-us.php

https://www.lpeplaw.com/wp-content/uploads/2019/02/LPEP_PC.png 0 0 Lonich Patton Ehrlich Policastri https://www.lpeplaw.com/wp-content/uploads/2019/02/LPEP_PC.png Lonich Patton Ehrlich Policastri2010-02-22 14:00:292010-02-22 14:00:29Free Consultation!
Julia Lemon

Property Division in Divorce

February 17, 2010/0 Comments/in Family Law /by Julia Lemon

Dividing up personal property during a divorce can be difficult, as different items may be especially unique or useful or may have sentimental value to one or both spouses.  Celebrity Kate Walsh and her husband, Alex Young, devised an ingenious scheme to ensure that each received an equal share of the community furniture and artwork and each received items important to him or her.  They agreed that each would take turns picking items, with the “winner” of a coin toss having the right to pick first.

http://www.people.com/people/article/0,,20342085,00.html?xid=rss-topheadlines&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+people%2Fheadlines+%28PEOPLE.com%3A+Top+Headlines%29&utm_content=Google+Feedfetcher

https://www.lpeplaw.com/wp-content/uploads/2019/02/LPEP_PC.png 0 0 Julia Lemon https://www.lpeplaw.com/wp-content/uploads/2019/02/LPEP_PC.png Julia Lemon2010-02-17 13:08:482010-02-17 13:08:48Property Division in Divorce
Lonich Patton Ehrlich Policastri

Save The Date!

February 10, 2010/0 Comments/in Firm News /by Lonich Patton Ehrlich Policastri

Join Lonich Patton Ehrlich Policastri, LLP at the  Succession Planning Seminar: Leveraging a Legacy on April 29th, 2010.  This is an event for owners and executives of successful, family owned or closely held, businesses who are trying to efficiently guide their company to greater success today. Gain a lot of useful information by attending this prestigious event including;

  • 6 practical steps to increase the success, sustainability, productivity and value of your business.
  • Discover how you can effectively plan, strategize and utilize your resources to thrive in this current economic climate.
  • Learn how to set up the company for an eventual transition.
  • Learn how all the pieces fit together (tax, legal, financial, banking) to create the ultimate succession plan.

We look forward to seeing you there!  For more information please visit the event website at sjbusinessforum.com

https://www.lpeplaw.com/wp-content/uploads/2019/02/LPEP_PC.png 0 0 Lonich Patton Ehrlich Policastri https://www.lpeplaw.com/wp-content/uploads/2019/02/LPEP_PC.png Lonich Patton Ehrlich Policastri2010-02-10 13:30:322010-02-10 13:30:32Save The Date!
Gina Policastri

MARRIAGE, INC.: The Financial Partnership Between Spouses

February 8, 2010/0 Comments/in Family Law /by Gina Policastri

When it comes to finances, California law treats spouses just like business partners.  In fact, provisions of the California Corporations Code addressing the duties between business partners are incorporated right into the California Family Code.  For example, Family Code 721(b), states that marriage is a “[confidential and fiduciary relationship] subject to the same rights and duties of nonmarital business partners” including an obligation between spouses to provide equal access to all information, records, and books that pertain to the value and character of those assets and debts.  These duties and obligations exist between spouses while they are married and continue through the divorce proceedings and until the date on which all assets or liabilities are actually distributed.  Further, these duties obligate both spouses to provide information even if the other spouse does not ask for it.  Remedies for failure to abide by the disclosure requirements include attorney’s fees as well as an award to the other spouse of 100% of an asset that is undisclosed.

The Fourth Appellate District was recently called upon to visit these disclosure obligations in the case of Marriage of Feldman (2007) 153 Cal. App. 4th 1470.  There, husband failed to disclose several financial transactions during the divorce proceedings, including the purchase of a home and $1 million bond, and the existence of a 401(k) and several other investments.  Wife sought attorneys’ fees and sanctions and was awarded $140,000 in fees and sanctions in the amount of $250,000.  The Appellate Court affirmed.

While the Feldman decision caught the attention of the family law bar and judges alike, this was not the first time a California court upheld a sanctions award based on the failure to disclose.  In Marriage of Rossi (2001) 90 Cal. App. 4th 34, the Court of Appeal affirmed an award of 100% of $1.33 million in lottery winnings, which wife actively concealed during the proceedings, to Husband based on a finding that the concealment constituted fraud and came within the penalty provisions of the disclosure statutes.

The lesson to be learned by Feldman and Rossi is simple:  disclose, disclose, disclose!

https://www.lpeplaw.com/wp-content/uploads/2019/02/LPEP_PC.png 0 0 Gina Policastri https://www.lpeplaw.com/wp-content/uploads/2019/02/LPEP_PC.png Gina Policastri2010-02-08 13:44:242010-02-08 13:44:24MARRIAGE, INC.: The Financial Partnership Between Spouses
Lonich Patton Ehrlich Policastri

Announcement!

February 1, 2010/0 Comments/in Family Law, Firm News /by Lonich Patton Ehrlich Policastri

Gina N. Policastri is the newest member of the firm to pass the Family Law Legal Specialization exam in her quest to become certified as a Family Law Specialist* by the State Bar of California. In addition passing the written exam covering California Family Law, Gina must also:

  • Have substantial litigation experience in the field of Family Law
  • Complete State Bar approved legal education requirements applicable to the family law field; and
  • Be favorably evaluated by judges and other attorneys concerning her knowledge, ability and experience in the practice of Family Law

Gina is currently working toward completing these rigorous requirements as part of the application process.

Join us in congratulating Gina in passing the written exam in her pursuit of excellence!

* Certified Family Law Specialist, The State Bar of California Board of Legal Specialization

https://www.lpeplaw.com/wp-content/uploads/2019/02/LPEP_PC.png 0 0 Lonich Patton Ehrlich Policastri https://www.lpeplaw.com/wp-content/uploads/2019/02/LPEP_PC.png Lonich Patton Ehrlich Policastri2010-02-01 14:12:522010-02-01 14:12:52Announcement!
Learn more about estate planning with a free resource
Read all about family law and child custody
Learn more about family law matters such as private divorce counseling.

Categories

  • Business Law
  • Estate Planning
  • Family Law
  • Firm News
  • In the Community
  • News
  • Personal
  • Probate
  • Uncategorized

Archives

  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • July 2020
  • June 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • April 2019
  • March 2019
  • February 2019
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • December 2017
  • November 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013
  • October 2013
  • September 2013
  • August 2013
  • July 2013
  • June 2013
  • May 2013
  • April 2013
  • March 2013
  • February 2013
  • September 2012
  • August 2012
  • July 2012
  • June 2012
  • May 2012
  • April 2012
  • February 2012
  • January 2012
  • December 2011
  • November 2011
  • October 2011
  • September 2011
  • August 2011
  • July 2011
  • June 2011
  • May 2011
  • April 2011
  • March 2011
  • February 2011
  • January 2011
  • December 2010
  • November 2010
  • June 2010
  • May 2010
  • April 2010
  • March 2010
  • February 2010
  • January 2010
  • December 2009
  • November 2009
  • October 2009

Free 30-Minute Family Law or Estate Planning Consultation

1 + 0 = ?

Link to: Contact Us

Contact Us

LONICH PATTON EHRLICH POLICASTRI

1871 The Alameda, Suite 400, San Jose, CA 95126
Phone: (408) 553-0801 | Fax: (408) 553-0807 | Email: contact@lpeplaw.com

Located in San Jose, Lonich Patton Ehrlich Policastri handles matters for clients in northern California, especially San Jose and Silicon Valley. Our services are available to anyone within the following counties: Santa Clara, San Mateo, Contra Costa, Santa Cruz, Monterey, and San Benito. For a full listing of areas where we practice, please click here.

DISCLAIMER

This web site is intended for informational purposes only and is not legal advice. Nothing in the site is to be considered as either creating an attorney-client relationship between the reader and Lonich Patton Ehrlich Policastri or as rendering of legal advice for any specific matter. Readers are responsible for obtaining such advice from their own legal counsel. No client or other reader should act or refrain from acting on the basis of any information contained in Lonich Patton Ehrlich Policastri Web site without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.

About | Why LPEP | Contact | Blog

© 2019 Copyright Lonich Patton Ehrlich Policastri. All rights reserved.

Scroll to top

LPEP COVID-19 Office Protocol