Divorce Lawyers San Diego

 Where wife’s savings plan was funded through salary contributions and matching company funds, the cash contributions into the savings plan during the marriage lost their identity and became part of the non-marital savings plan; thus, her savings plan should have been classified as non-marital because the savings plan was the property receiving the contributions.  In re Phillips

 The trial court’s finding was not against the manifest weight of the evidence in determining that property deeded to the parties in joint tenancy from the wife’s parents was the wife’s non-marital property where the evidence established that the wife alone, or in conjunction with various family members, made improvements on the property and on the one occasion that the husband assisted, he was paid for his efforts, the wife paid the taxes on the property from accounts held in her name, and although she never occupied the property, but used it as a source of rental income, which was deposited in accounts solely in her name the wife solely managed the property, which included finding renters and collecting the rent.  In re Hunter
 Where husband brought non-marital property into the marriage and his sole motivation for transferring title to the properties into joint tenancy with wife was to avoid the type of difficulties in succeeding to title in the event of one of their deaths which he had encountered after the death of his first wife, the real estate in question was solely respondent’s non-marital property and wife could be ordered to convey over her interests.  In re Wojcicki
 The placing of title to non-marital property in joint tenancy with a spouse raises a presumption that a gift was made to the marital estate and the property becomes marital property.  In re Rink

Trial court did not err in dividing the husband’s disability pension equally between himself and the wife in their divorce case, as application of the relevant factors and the fact that the disability pension was marital property warranted an equal division of that marital asset between the parties. Sawicki v. Sawicki

 Where a decree of divorce ordered that all real estate owned by the parties be sold and the net proceeds divided equally, and the decree embodied the terms of a settlement agreement, since the plaintiff was specifically asked whether she had entered into a property settlement which she wanted the judge to approve and answered “Yes,” the parties intended a division of the property, in the absence of clear language to the contrary or any evidence inconsistent with the settlement provisions, and the parties sought to partition their jointly held property in the context of a divorce proceeding.  Thomas v. Johnson
See Divorce Las Vegas

Respondent’s contention that court failed to designate which property was marital or non-marital was not supported by the record where the court specifically found utility stock purchased from a gift from petitioner’s parents was non-marital property, and where it also found the bank account solely in petitioner’s name to be marital property, and where all other property was held either in joint tenancy or was acquired during the marriage and was presumed to be marital property pursuant to subsection (b) of this section. In re Hyland