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Law Offices of Tobie B. Waxman is located in Culver City, California, and serves clients throughout the world as well as from neighboring Los Angeles communities such as Santa Monica, Malibu, Marina Del Rey, Manhattan Beach, Ladera Heights, Beverlywood, Mar Vista, Venice, Brentwood, Playa Vista, Westchester, West Los Angeles and Torrance. Licensed to practice in all California courts, appearing most frequently in the courts of Southern California, including Los Angeles County, Orange County, Ventura County, and in the Courts of Appeal.

There is more to divide than real property.

January 26, 2015

 

There’s more to divide than just real property:

A Summary Checklist

1. Real Property


a. Marital Residence

b. Recreational Properties (Vacation Home, Condominium)
c. Rental Properties
d. Commercial Properties
e. Leased Property
f. Security Deposit
g. Future Interests (Remainders)
h. Oil, Gas, and Mineral Interests

 

2. Transportation
Automobiles
a. Trucks and Vans
b. Motorcycles
c. Boats
d. Airplanes

 

3. Businesses/Investments
a. Self-Operated or Family Business (including a professional practice)
b. Investment Stock
c. Stock Options
d. Mutual Funds
e. Bonds
f. Degrees and Licenses

 

4. Bank Accounts
a. Checking Accounts
b. Savings Accounts
c. Money Market Accounts
d. Certificates of Deposit
e. Savings Bonds
f. Safe Deposit Boxes

 

5. Retirement Benefits
a. Defined Benefit Plans
i. Private Employer
ii. Government/Military (former career?)
iii. Disability Benefits
b. Defined Contribution Plans
i. 401(k) Plans
ii. IRAs
iii. Thrift Savings Plans (federal employees; a supplement to their normal defined benefit plan)
iv. Other Private Plans
c. Profit-Sharing Plans
d. Employer-Sponsored Life Insurance
e. Vacation Time and Sick Leave
f. Survivor Benefits

 

6. Intellectual Property
a. Patents
b. Copyrights
c. Contracts for Royalties

 

7. Other Income-Producing Assets
a. Promissory Notes
b. Annuities
c. Trusts (not always separate property)

 

8. Personal Injury Benefits
a. Structured Settlements
b. Unpaid Judgments
c. Pending Claims
d. Unfiled Causes of Action
e. Workers’ Compensation Awards

 

9. Life Insurance (Cash Surrender Value)

 

10. Dissipated Assets

 

11. Family Pets

 

12. Other Personal Property
a. Household Furnishings
b. Antiques (furniture, firearms)
c. Works of Art (paintings, sculptures)
d. Adult Collections (coins, stamps, guns)
e. Childhood Collections (model trains, baseball cards)

 

13. Customer Bonus Programs
a. Frequent Flyer Miles
b. Other Programs

 

14. Income Tax
a. Pending Refunds
b. Capital Loss Carry-Forward
c. Dependency Deduction for Children
d. Other Tax Benefits

 

15. Government Benefits
a. Marketable Licenses (e.g., radio licenses, fishing quotas)
b. Contractual Benefits
c. NOT Social Security (federal preemption)

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