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AB 1885 Signed by Governor Newsom on September 18, 2020 New California Homestead Exemption Amount (2020) Signed by Governor Gavin Newsom on September 18, 2020, AB 1885 has become effective immediately. This was noted by Gov. Newsom in an unrelated press release, which provides that: “The Governor also announced today that he has signed the...

AB 1885 Signed by Governor Newsom on September 18, 2020

New California Homestead Exemption Amount (2020)

Signed by Governor Gavin Newsom on September 18, 2020, AB 1885 has become effective immediately. This was noted by Gov. Newsom in an unrelated press release, which provides that: “The Governor also announced today that he has signed the following bills:…AB 1885 by the Committee on Budget – Debtor exemptions: homestead exemption.” If you’re still not convinced, click here to see the article of California State Senator Wieckowski lauding the Governor’s signature of AB 1885.

The new bill protects numerous homeowners by increasing the California homestead to an amount that would keep most homes from creditors. It’s no surprise that this issue is coming up given the financial issues surrounding eviction moratoriums, COVID-19, and elections in the news.

With this backdrop and the support of bankruptcy attorneys, the California legislature passed AB 1885 (and the senate equivalent SB 832) on September 2nd, 2020. Now that AB 1885 has become law, it increases the California homestead to the greater of $300,000 or median sales price in the county where the single-family home is located in the prior year, though this cannot exceed $600,000.

To help homeowners in California understand what this means, the following are projections for a few of California’s major metropolitan areas.

• Los Angeles County: $600,000 (Estimated $664,500 Median)
• Riverside County: $400,500
• San Bernardino County: $370,215
• Orange County: $600,000 (Estimated $765,497 Median)
• San Diego County: $600,000 (Estimated $628,500 Median)
• San Francisco County: $600,000 (Estimated $1,444,000 Median)

To understand what this means, the homestead exemption protects a part of the equity of a homeowner’s home in the event the debtor files a consumer or business bankruptcy, or if a creditor requests that the house be sold to pay a judgment.

This means that, if the bankruptcy trustee wants to sell your home, they would normally figure out whether it will derive any value for the bankruptcy estate after payment of the mortgage, taxes, homeowner’s association dues, and, of course, payment to the debtor for their homestead exemption. Since many homeowners do not have equity in their house that exceeds the median sales price in their county, capped at $600,000, chances are that their home will not be sold in a Chapter 7 bankruptcy.

This is considerably more generous for debtors than existing law, which provides only a $75,000, $100,000 (married couples) or $175,000 (disabled or over 65) homestead exemption, depending on age, disability and marital status. Suffice to say that these homestead exemptions do little for many homeowners in more affluent areas, or those who have paid down their mortgage after many years. Of course, creditor attorneys are displeased by this change, which would solely benefit debtors at the expense of creditors.

This bill was sponsored by State Senator Bob Wieckowski, a practicing bankruptcy attorney who was an active proponent of the legislation.

This represents a sea change in bankruptcy law in California in favor of debtors, leaving creditors and trustees holding the bag. Thanks to Bankruptcy Lawyer Jenny Doling for championing this law.

What is a Homestead Exemption?

The California Constitution instructs the Legislature to pass legislation to protect a portion of homesteads from a forced sales by judgment creditors.  “The Legislature shall protect, by law, from forced sale a certain portion of the homestead and other property of all heads of families.”  Cal. Const. Art. XX, § 1.5.

As courts have explained: “’The object of all homestead legislation is to provide a place for the family and its surviving members, where they may reside and enjoy the comforts of a home, freed from any anxiety that it may be taken from them against their will, either by reason of their own necessity or improvidence, or from the importunity of their creditors.” Thorsby v. Babcock (1950) 36 Cal. 2d 202, 204.  “[T]he homestead law is not designed to protect creditors, but protects the home against creditors . . . thereby preserving the home for the family.”  Amin v. Khazindar (2003) 112 Cal.App.4th 582, 588.

New Code of Civil Procedure Section 704.730 as Amended by AB 1885

Newspapers seeking a court order to run legal advertising must show the court that they are a newspaper published for the dissemination of local or telegraphic news and intelligence of a general character. However, exactly what this means has been the subject of several cases. This requirement comes from either of the two statutes in...

Newspapers seeking a court order to run legal advertising must show the court that they are a newspaper published for the dissemination of local or telegraphic news and intelligence of a general character. However, exactly what this means has been the subject of several cases.

This requirement comes from either of the two statutes in California to become a newspaper of general circulation. Under Government Code § 6008(a)(1), adjudication as a newspaper of general circulation requires a “newspaper published for the dissemination of local or telegraphic news and intelligence of a general character… in the city, district, or public notice district for which it is seeking adjudication.” Under Government Code § 6000, a “‘newspaper of general circulation’ is a newspaper published for the dissemination of local or telegraphic news and intelligence of a general character….”

The law sets a relatively low standard is on this element. Notably, “a newspaper is of general circulation where, in addition to the stereotyped material, it carries news accounts of court and other official proceedings, including activities of the California congressional delegation, reviews of court decisions, general advertisements, personal notices, and other items of diversified character.” 46 Cal. Jur. 3d Newspapers and Press Associations § 11 (citing In re Green (1913) 21 Cal.App. 138).

Thereafter, the California Supreme Court found that this requirement would be met where, “in addition to certain stereotyped matter, [the newspaper] contains news accounts of court and other official proceedings, including the activity of the California members of Congress, reviews of court decisions, general advertisements, personal notices and many items of local current events of a diversified character.” Application of Herman (1920) 183 Cal. 153, 163–64.

Given the First Amendment, Courts have been reluctant to question the quality of content when determining the status of a newspaper as one of general. For example, one contestant argued “that there are no editorials in the paper,” to which the court responded that “this does not mean that a paper may not be a newspaper of general circulation. There is no language in the statute requiring a newspaper to publish editorials. A newspaper may still disseminate local news and intelligence of a general character without having an editorial column. Editorials are only a part of what may be published along with other news items.” In re Paradise News Press (1957) 151 Cal.App. 2d 496, 498–99.

If you are litigating this issue, it is important to have a skilled newspaper lawyer in California to ensure that the court reaches the correct decision.

What you need to know to avoid making a bad impression on the family court judge in your case or improve relations with the court if you already have!

Tips and Tricks to Avoid Pissing off a Family Court Judge

If you want to avoid making a bad impression on the family court judge in your case, or if you have already made a bad impression and want to improve relations with the court moving forward, keep reading!

Family court judges have a stressful job. They are often overburdened with an outrageous caseload, and an insufficient court staff. These judges have to make decisions impacting the lives of litigants as well as their children, every day. No matter what decision the family court judge makes, one of the parties is generally unhappy (to put it mildly).

With all of this in mind, there a few ways you can avoid being one of those unhappy parties at the end of your family law case.

#1 – File Complete and Correct Documents – Judges Are Not Mind Readers

You may know your ex is a liar and the scum of the earth, but the judge doesn’t know anything about either of you. Don’t assume the judge is able to just look at the two of you and know which is the better parent, who is telling the truth, or more importantly, the facts of your case.

If you don’t provide the court with the facts and evidence to back up what you are telling him/her at your hearing, the judge is left with only your word and the word of the opposing party. Again, the judge knows nothing about either of you or your child.

When you are drafting a Request for Order (RFO), a Response, or any other document, include all relevant facts and information as well as any evidence to back it up (i.e. text messages, phone records, school records, pay stubs, deeds of title, etc.)

If there is an issue that you are going to bring up at the hearing, it should be in your pleadings so that the court and the other side have notice of it.

#2 – Serve All Documents on the Other Side and File a Proof of Service

Everyone is entitled to notice and an opportunity to be heard on all issues the court is going to be making decisions about. It is not only important to file complete documentation with the court, but provide those documents to the other side ahead of time, and file a Proof of Service so the court knows the other side has received the documents.

If you have not filed a Proof of Service, the judge may not even read your documents because the hearing will likely be continued anyway and judges don’t waste time reading documents for cases that are not going forward.

#3 – Be Respectful to the Judge and the Other Side

Being respectful to the court is more than just adopting a certain tone of voice, waiting your turn to speak, and refraining from cursing. It also has to do with your demeanor and appearance.

Showing up to court in torn jeans and flip flops tends to show the judge that you don’t respect the court, you don’t take any of this very seriously, and you don’t care about whatever the subject matter of the hearing is (i.e. your property or your child).

Rolling your eyes, scoffing, spinning in your chair, throwing up your hands, and slouching are all likewise disrespectful to the court.

It should go without saying, but just in case it doesn’t, interrupting the judge or the other side is the fastest way to anger a judge. Everyone will have a chance to speak, there is no need to interrupt.

Many pro per litigants end up raising their hand in the air when they want to speak. This is not necessarily advisable, but if you find yourself unable to control your desire to interrupt any longer, raising your hand like a school child is still a preferable alternative to just interrupting.

#4 – Address the Court, Not The Other Attorney or the Other Party

Your hearing is your opportunity to address the court, not your ex or their attorney. You could have, and generally should have, spoken with them before the hearing, so don’t waste your time and the court’s time talking to them when you have the judge sitting up there waiting to be addressed.

Don’t lean over to look at the other side, don’t point at the other side, don’t whisper to them, and don’t talk to them during your hearing.

Not only is it simply inappropriate and rude to the court, it may appear that you are trying to intimidate your ex. If you can’t even refrain from intimidating your ex during your hearing, any reasonable person (including your judge), will assume you do so outside of that courtroom.

#5 – Never Lie to or Mislead the Court

This does not necessarily just have to do with telling the judge an outright lie about a fact of the case, it has to do with offering misleading information and inflammatory arguments with no basis in fact (or law).

Many times, parties and attorneys will offer the court a kernel of truth, knowing that the kernel will lead the court to believe an untrue fact, intending to mislead the court.

Alert the court to contra legal authorities. You may get away with failing to do so once or twice, but after that your reputation with the court will be lost – either you didn’t do your homework, or you are trying to mislead the court for your own benefit.

Once a judge gets fixed on the idea that your information is untrustworthy, it will pervade the judge’s opinion of you throughout your case.

If your position in the case or a particular issue is weak, admit it, offer your best argument and facts that support your position, and move on. If you lie, the judge will not forget it, and family law attorneys absolutely love it when the other side lies to the court. We jump on the lie, using it to discredit everything you say and distract from any facts or evidence that is not helpful to our client’s case.

Navigating the legal process can be complicated and daunting without the right child custody lawyer or divorce attorney. If you have questions regarding the topic discussed in this article, it is advisable to contact us online for a free consultation to find out what your options are.

Ever wonder what the secret to joint child custody is? Just because you failed as a couple, doesn't mean you have to fail as co-parents!

Everything You Need to Know To Successfully Share Joint Custody of Your Child

You and your ex didn’t work out as a couple. You may dislike or even hate every single thing about him or her, except the child you share. No matter how your relationship with your ex ended, hating the other person who brought your child into this world and shares his or her DNA is not an option.

Kids are observant and smart, and no matter how good you think you are at hiding your true feelings about your co-parent from your child, you aren’t that good. Anyone with kids knows that they are always watching you, paying attention to everything that makes you happy, sad, or angry; and learning from every change in the pitch of your voice and slight change in your facial expressions.

When you harbor negative feelings about your ex, you are showing your child on a daily basis that you can’t stand 50% of who they are, and they internalize that, questioning how you feel about them as a result. A child may start making negative statements about the other parent, knowing what you want to hear, and enjoying the reaction they get from you.

Children may even start making their own negative associations with the other parent, subconsciously taking on your negativity, and damaging not only their relationship with the other parent, but their emotional well-being. Parents may even be accused of parental alienation, though they never intentionally set out to influence their child in this way.

Knowing all of this doesn’t make dealing with your ex any easier. If you got along with your ex, they probably wouldn’t be your “ex.” We are all human, and putting aside all of our own feelings, wants, and needs to co-parent a child is easier said than done.

The fact is that many parents are court ordered to share joint custody of their children, but they aren’t given the tools or information to successfully do so. So how can you put aside whatever feelings you have about your ex as a person, and effectively co-parent your child with them? Follow these ten tips and show your child that he or she is more important to you than your feelings about your ex!

The 10 Co-Parenting Secrets to Make Joint Child Custody Work

#1 – The World Does Not Revolve Around You

Theoretically, most parents believe that the day their child was born, that parent’s life changed forever, with the center of the universe shifting around that tiny being. You created a human! That is awesome and crazy, and so so scary.

You are now duty-bound to care for and raise that child into an individual, putting him or her above yourself. You owe that to your new child, and to the society that you are raising your child to be part of. It is your job to make sure your child grows into a good human (or, at the very least, not a bad human).

This concept of putting a child first does not always translate into action when a parent is feeling scorned and hurt by their ex, however. The divorce or separation was all about you and your ex, but moving forward, custody is about your child.

Parents often feel competitive for time with their child, and seem to treat the custody process as a war to be won or lost, with each disagreement its own battle with a victor and a loser. The way California child support laws directly link the amount of money to be paid and received with the amount of time a parent spends with their child is no doubt a contributing factor to this mindset as well.

But treating time with a child as a battle to be won or a right to be exercised is akin to treating your child like a possession to be coveted. This mindset is unhealthy for everyone involved.

Custody is not about getting exactly what you want, “winning,” or even demanding equity at any cost. “Winning” a custody “battle” means you just waged an all out war against your child’s other parent, and left them a so-called “loser.” Your child loves you and their other parent more than anyone else in this world, so how do you think that makes them feel?

Divorce or separation can cause emotional tunnel vision and people get so focused on their own hurts and needs that they lose sight of the shared goal of creating a good childhood for their child. But the fact is that both parents have the same goal of raising a happy healthy child, they usually just disagree about how to make that happen.

Shared custody only works when parents are able to set aside their own wants, rights, and egos; and realize that what is in the best interest of a child is not necessarily what is best for the parent.

Like any successful compromise or negotiation, co-parenting needs to begin with common ground. Put aside everything except that shared goal of raising a happy and healthy child, and start from there.

#2 – Keep Your Opinions About The Other Parent to Yourself

Do not, under any circumstances, ever, speak poorly about the other parent in front of your child. Period. Your child is half you and half the other parent. You have no right to make your child question his or her own worth just because you are angry or hurt. That is the epitome of selfish.

Whatever your feelings about your ex, justified or not, keep them to yourself. Your child still loves their other parent, and every time you badmouth the other parent, your child internalizes it, thinking about themselves.

Every time you say something negative about your ex in front of your child, you are only harming your child, and ultimately, your relationship with them. In the long run, your child won’t feel comfortable being around you if you make them feel inadequate or guilty for sharing DNA with someone you hate.

#3 – A Bad Spouse or Partner Does Not Equal a Bad Parent

The end of your relationship with your ex may have been 100% his or her fault. Your ex may have been the most self-centered, emotionally vapid spouse to ever enter a relationship; but that doesn’t mean that they are a bad parent. And guess what, even if they are a “bad” parent in your opinion, your child still loves them.

This is, of course, not necessarily the case if domestic violence was involved in your relationship and the child is not safe in your ex’s care, but that is something the family court should have dealt with, and under Family Code 3044, your ex should not have joint custody.

In general, however, a bad spouse does not equal a bad parent. California law dictates that, unless there is some issue like domestic violence involved (see Family Code 3044), it is best for children to have frequent and continuing contact with both parents.

Your marriage or relationship with your ex may not have worked, but your co-parenting can still succeed, and it is your job to do everything in your power to ensure that it does.

#4 – Compromise and Be Flexible

Far too often parents cling to the safety net of their court ordered visitation schedule, refusing to make even small changes to the schedule.

The court order should be a back-up plan to fall back on when you aren’t able to agree with the other parent on any given issue.

If the other parent has a family reunion or a weekend camping trip they want to take your child on, but you have the urge to refuse to switch weekends because you think they should have planned the event on their own weekend, resist the urge. When one parent is accommodating and flexible, the other parent is much more likely to follow suit.

After all, wouldn’t your child have fun at the family reunion or camping trip? Why are you fighting so hard?

#5 – Be Realistic About Your Own Schedule and Commitments

Parents often seem to believe they will never need a minute to themselves when they are negotiating their custody schedule.

Parents often make unrealistic custody grabs during divorce or separation as a result of fear or insecurity. It is best to look at the custody schedule as a business arrangement. What is logically best given the events, activities, and commitments of everyone involved?

You work full time, have 2 kids in two different schools with two different extra-curricular activity schedules and you want both kids Monday through Friday and every other weekend? Why?

The other parent probably wants to take the kids to their soccer games and work on their school project with them. Would you probably “do it better” yourself? Maybe. But does it matter if the other parent doesn’t get it done exactly as you would have done it yourself? No.

Giving up some control to the other parent is not only beneficial for that parent and the child, it benefits you! Go meet a friend for lunch or clean out that drawer you’ve been meaning to clean out for 2 years. You will be refreshed, and so will your child.

# 6 – Create a Customized Custody Schedule for Your Child

Parents often do a bit of research on Google or talk to some divorced friends and decide what custody schedule they want. Week on, week off (alternating weeks) may work really well for one family, but maybe it doesn’t suit the needs of your child and co-parent. It is your job to work with your co-parent to come up with a schedule that works best for everyone, but especially for your child.

It is important to consider the following:

1. Your child’s age and personality.
2. Your family schedule.
3. The career and social commitments of each parent.
4. The academic and extracurricular activities to which your child is committed.
5. Your child-care arrangements and the distance between the parents’ homes.

If your child has special needs, maybe having more flexibility or more structure is important.

There is no one correct or best custody arrangement, so be as creative as you like.

I have had parents show me the custody schedule they practice with their child and been utterly perplexed about 1) how the parents came up with the schedule, 2) how they could possibly follow the convoluted arrangement, 3) why they would choose to complicate their lives in such a way, and 4) how I was ever going to understand the schedule enough to put it into words so these parents could have a clear court order to sign. Sometimes, parents agree on arrangements that make no sense to anyone else looking at them, but it works for those parents and their child and that is all that matters.

Reaching an agreement is always going to work best for co-parents, even if the agreement seems odd to people on the outside looking in. Don’t be afraid to have a schedule that doesn’t follow the norm. After all, don’t you want to be better than the parenting norm, anyway?

#7 – Find an Agreeable Communication Platform and Stick to It

For joint child custody to work, communication is key. For the sake of your child, and your sanity, you need to find a method of communication that works for you and your co-parent, and consistently use it.

Nowadays, there are so many tools and platforms available for parents to communicate that making sure you’re both on the same page in terms of how you will communicate is the first step to effectively doing so. If one of you is messaging on Facebook messenger, the other is sending emails or text messages, and calling on WhatsApp, you’re never going to actually get to disagree about the substance of what is being communicated because there is so much confusion about how you will get in touch in the first place.

Whatever platform you choose, stick to it to streamline the process.

I generally suggest OurFamilyWizard.com for parental communication because it offers joint calendars, expense logs, common document storage for things like a child’s immunization record or school calendar, and a message board that keeps an accurate and non-modifiable record of your communications that can be admitted in court, if necessary; but any platform is fine so long as it is actually utilized.

Bonus Co-Parenting Tip: Streamlining the communication platform both parents use to communicate with the child when the child is with the other parent can also be an important way to prevent miscommunication and unnecessary disagreements. When children are too young to have their own tablet or phone, maintaining communication via Google Meet, Zoom, Facetime, or Skype can be crucial. Agree ahead of time on which platform will be used, and then use that platform consistently.

#8 – Be Polite and Businesslike When Communicating With Your Ex

We’ve all heard the phrase “you catch more bees with honey.” Well, you get more cooperation and effective co-parenting when you treat your co-parent with respect and communicate with them as a business partner.

Because you share a child with your ex, you do not have the luxury of having a free pass to communicate with them the way you probably want to. Your emotions have no place in your communications with your co-parent. You are now business partners, and your business is raising a happy, healthy child together.

If you want to say: “Hey jerk, I’m sick of you always being late for exchanges! The world doesn’t revolve around you. I have places to be! Stop being so selfish and follow the court order!” Instead try saying: “Good afternoon, I’ve noticed that the current exchange time doesn’t seem convenient for you. Is there a time that would work better? By the way, here is a funny picture of our daughter doing a funny dance this afternoon. I thought you might enjoy seeing it. Have a good night.”

I always suggest starting off communication with a co-parent with a greeting like “good morning” or “good afternoon” because I have found that it is much harder to follow “good morning” with something non-productive and negative like, “drop dead.”

Being respectful in your communication is more likely to elicit respect and cooperation from the other parent, just like bees with honey. It is also going to look better if any third party ever sees your messages with your co-parent, i.e. a family law attorney, a family law judge, a co-parenting therapist, a mediator, or child custody evaluator.

#9 – Pick Your Battles

If co-parenting were easy, you wouldn’t be reading this article.

Instead of looking at every decision your ex makes with a critical eye, pouncing on their every misstep, pick your battles. If you are looking for a reason to criticize anyone else’s parenting, particularly an ex with whom you have no choice but to continue communicating with, you will find it! So Stop Looking. Instead, focus on ways you can work together with your co-parent to benefit your child.

No one has enough time or money to take every disagreement to the courtroom, so just breath and consider if the conflict is truly worth fighting over.

If the conflict is over a child’s haircut or the other parent’s tardiness to a few exchanges; do not waste your energy.

Save the battle for when it really matters and when it will benefit your child. Judges don’t appreciate their time and public resources being wasted over silly parenting disputes, and neither should you.

#10 – Review the Arrangement and Adjust as Needed

Children grow so quickly, and their lives change just as quickly. One week your child may be a professional dancer (at least in his/her own mind) and a botanist in the science club the next week.

One schedule will not suit their needs forever. With this in mind, it is probably best to sit down with your co-parent and discuss potential tweaks and changes to the custody arrangement approximately every quarter (4 months).  This is only recommended if both parties can compromise and put aside their own wants and needs to discuss what is best for their child; but if the parents are willing to come to the table with an open mind, their child will benefit immeasurably from the selfless comradery.

If you and your co-parent have an agreement and need help putting it into writing, or you want to come to an agreement on child custody, but have questions, contact a skilled child custody attorney for a free consultation today. We know how to negotiate agreements that both sides will be able to get behind to benefit their child.

Understanding the most common child custody arrangements and visitation schedules.

Common Child Custody Arrangements [Visitation Schedules]

There are a few go-to joint child custody schedules that tend to suit a large number of families for those of us who spend our days immersed in the world of California family law.

Every family is different, and every custody arrangement should be tailored to fit the needs of each family, especially the children; but the are only so many ways days/weeks/months can be divided between parents.

Whether parents reach a child custody stipulation, an agreement in child custody mediation, or engage in a custody battle in family court, it is important to understand each of these common arrangements, so that parents can make educated requests and agreements to benefit their children.

At the end of the day, each of these arrangements has pros and cons, and no schedule is going to be perfect right off the shelf. All four of these arrangements offer what amounts to essentially a “50/50 timeshare.”

#1 – Week On Week Off (Every Other Week) Custody Schedule

Week on, week off (or alternating weeks) is a schedule where the parents share custody of their child or children on a weekly basis. This means that exchanges occur on a particular day, at a particular time (for example, every Friday at 6 p.m.), every week.

The pros of this schedule are fairly obvious, longer periods of time with each parent and without exchanges. When children are a bit older, such as teens, this schedule may be well suited to their needs. Older children have already established and cemented their bonds with both parents, so spending longer periods of time away from each parent is not going to impact those established bonds.

The cons of this schedule are also fairly obvious, children are away from both parents for extended periods of time and tend to feel like they “live out of a suitcase.”

#2 – 2-2-3 Custody Schedule

A 2-2-3 schedule is where the child or children are with Parent A for 2 days, Parent B for 2 days, and then back to Parent A for 3 days. The next week, it switches.

A common implementation of the 2-2-3 schedule is as follows (use this language for your order):

Week 1: Parent A has the children from 8 a.m. on Monday until 8 a.m. on Wednesday; Parent B has the children from 8 a.m. on Wednesday until 8 a.m. on Friday; Parent A has the children from 8 a.m. on Friday until 8 a.m. on Monday.

Week 2: Parent B has the children from 8 a.m. on Monday until 8 a.m. on Wednesday; Parent A has the children from 8 a.m. on Wednesday until 8 a.m. on Friday; Parent B has the children from 8 a.m. on Friday until 8 a.m. on Monday.

The pros of the 2-2-3 schedule are that the children don’t go long periods of time without seeing either parent, and both parents get equal amounts of time with the children. Both parents also share in school/non-school time equally, which can lessen conflict relating to which parent gets more “free time” with the children.

The cons of the 2-2-3 schedule are that exchanges are very frequent, and the schedule changes every week, which can create confusion for both parents and children. The schedule generally requires a heightened willingness and ability to co-parent, as it requires more contact and communication between the parents.

#3 – 2-2-5 Custody Schedule

The 2-2-5 schedule is very similar to the 2-2-3 schedule, and is sometimes referred to as a “modified 2-2-3” schedule. The best way to explain the 2-2-5 schedule is to provide an example (use this language for your order):

Parent A has the children from 8 a.m. on Monday until 8 a.m. on Wednesday, every week; Parent B has the children from 8 a.m. on Wednesday until 8 a.m. on Friday, every week; and the parents will alternate weekends, from 8 a.m. on Friday until 8 a.m. on Monday.

As shown in the example above, the only real difference between the 2-2-3 schedule and the 2-2-5 schedule is that the parents consistently have the same 2 week days each week.

Parents may choose to implement this schedule instead of a 2-2-3 because it provides more clarity to children and parents regarding where the children will be on any given day. It also allows both parents to have 5 days at a time with the children on alternating weeks, providing for more opportunity for vacations and travel without the necessity of complicating the schedule by requesting to switch days when a vacation lands on the other parent’s days.

Parents may prefer the 2-2-3 schedule in situations where the child/children are not comfortable being away from either parent for 5 days at a time.

This schedule is often utilized by parents of elementary-high school age children, as it allows both parents to participate in school activities and education, while also offering more structure, with less exchanges.

#4 – Primary School Parent – Weekend Visitation

The fourth common custody arrangement has many variations, but is essentially a schedule where one parent has the child or children Monday through Friday during the school year, and the other parent has alternating weekends or a majority of the weekends, and substantial chunks of time during school breaks.

This is a common schedule when the parents do not live particularly close together (i.e. one parent has relocated), when one parent is unable to ensure the child’s attendance at school (perhaps because of a work schedule or other conflict), or simply because the parties agreed this schedule was in the best interest of the child.

The pros of this schedule are that the children have structure during the school week, a set schedule they can understand and rely on, and a clear understanding of which parent is the primary school parent.

The cons of this schedule are that the primary school parent often feels like they do not get quality time with the child, while the other parent is simply a “Disneyland Dad.” Children also go longer periods of time away from each parent, and parenting time sometimes gets in the way of children participating in extra-curricular activities and social events.

All of the issues discussed in this article are inherently emotional and complex. Having a family law attorney who understands the legal principles and day-to-day struggles facing parents can help you get the best result for your family. If you have questions for a child custody lawyer, contact us online today for a free consultation.

Form Complaint for Partition by Sale in California If you co-own real estate in California, you know the headaches that can accompany the ownership of property by tenants-in-common or joint tenancy. Disputes often arise when owners disagree on the best use of the property. Perhaps f the owners wants to sell, but the other one...

Form Complaint for Partition by Sale in California

If you co-own real estate in California, you know the headaches that can accompany the ownership of property by tenants-in-common or joint tenancy. Disputes often arise when owners disagree on the best use of the property. Perhaps f the owners wants to sell, but the other one doesn’t want to?

These disputes between co-owners of property can be resolved through a partition action in California. Under California Code of Civil Procedure Section 872.210, a partition action is a legal process taken to divide real estate fairly among the co-owners. When there is disagreement in which one or more co-owners of a property may want to sell the property, but another co-owner does not agree to sell, a partition action can ensure the sale of the property with a division of the proceeds fairly and equitably among the joint owners.

Our partition lawyers in California have not only written the Ultimate Guide to Partition Actions in California, but have also provided a free form complaint for use by other lawyers.

California Complaint for Partition by Sale Template

Below is a form complaint for partition by sale in California that is intended to be used in consultation with a real estate attorney. Note that co-owners can consent to selling a property to a third party or to one or more of the co-owners as a settlement. Parties are often able to do so after consulting with a skilled partition action lawyer to strategize on an appropriate outcome.

[Name or Name and Bar Number]

[Mailing Address]

Telephone: [Phone]

Email: [Email]

[Attorney for Plaintiff or Plaintiff In Pro Per]

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF [NAME OF COUNTY WHERE THE PROPERTY IS LOCATED]

[Name of Plaintiff(s)]   Plaintiffs,   v.   [Name of Defendants], and Does 1-10, Inclusive,   Defendants.		CASE NO.   VERIFIED COMPLAINT FOR PARTITION BY SALE OF REAL PROPERTY (Unlimited Civil Complaint – Amount Demanded Exceeds $25,000)   [Property Address]

Plaintiff alleges herein as follows:

INTRODUCTION

1. This is an action for partition by sale of the real property at [address of property], held equally as [joint tenants or tenants in common] by plaintiff[(s)] and defendant[(s)], with tenant-in-possession [name] having refused to voluntarily sell the real property in question or buy out the share of plaintiff’s interest. Accordingly, plaintiff has filed this complaint to have the real property partitioned by sale.

THE PROPERTY

2. The subject of this action is certain parcels of real property comprising a [single-family residence, commercial property, vacant land, etc.] within the County of [Name of County], State of California, commonly known as [Address], Assessor’s Parcel Number [APN] (the “Property”), consisting of the real property in the City of [Name of City], County of [Name of County], State of California, legally described as follows:

[Legal Description]

PARTIES

3. Plaintiff [Name of Plaintiff] (“Plaintiff”) is an individual residing in [Name of County] County in the State of California, who presently holds a [indicate percentage of ownership, e.g., one-half] interest in the Property as a [describe method of holding title, e.g., joint tenant or tenant in common].
4. Defendant [Name of Defendant] (“Defendant”) is an individual [residing at the Property] in Los Angeles County in the State of California, who presently holds a [indicate percentage of ownership, e.g., one-half] interest in the Property as a [describe method of holding title, e.g., joint tenant or tenant in common].
5. Plaintiff does not know the true names and capacities of the defendants sued as Does 1 through 10, inclusive, and therefore sues these defendants by such fictitious names. Plaintiff will amend this complaint to add the true names and capacities of these defendants when they are ascertained. Each of the fictitiously named Doe defendants claims a possessory or title interest in the Property.

JURISDICTION

6. This Court has jurisdiction of this matter for the reason that the amount in question exceeds the jurisdictional minimum of the Court, exclusive of costs and interest.

VENUE

7. Venue is proper in this Court because the real property that is the subject of this action is located in this County.

TITLE TO THE PROPERTY

8. On [Date], a grant deed transferring the Property from third parties to “[text from the deed]” was recorded in the Official Records of [Name of County] County as Instrument Number [number], a true and correct copy of which is attached hereto as Exhibit 1 and incorporated herein by reference.
9. [Optional: On [Date], a grant deed transferring the Property from [Plaintiff or Defendant] to “[text from the deed]” was recorded in the Official Records of [Name of County] County as Instrument Number [number], a true and correct copy of which is attached hereto as Exhibit 2 and incorporated herein by reference.]
10. Accordingly, as of the date of this complaint, Plaintiff alleges that [Plaintiff and Defendant] each hold a [e.g., one-half] interest in the Property.
11. [Optional if Joint Tenancy: By executing the verification to this complaint, Plaintiff hereby severs the joint tenancy on the basis that the execution on this complaint constitutes execution of “a written instrument that evidences the intent to sever the joint tenancy” under Civil Code § 683.2(a)(2), thereby creating a tenancy-in-common for which this partition action is proper.]

ENCUMBRANCES OF RECORD ON THE PROPERTY

12. On [date], a deed of trust encumbering the Property in favor of [lender] securing a promissory note in the principal sum of $[amount] was recorded in the Official Records of [Name of County] County as Instrument Number [number], a true and correct copy of which is attached hereto as Exhibit 2 and incorporated herein by reference (“Deed of Trust”).
13. Plaintiff is informed and believes, and thereon alleges, that the principal sum due on the promissory note secured by the Deed of Trust as of the filing of this complaint is in the approximate sum of $[specify balance on mortgage].
14. Plaintiff alleges that the Deed of Trust is the only recorded encumbrance on the Property.

VALUE OF AND EQUITY IN THE PROPERTY

15. Plaintiff alleges that value of the Property is approximately $[specify value of property], which exceeds the encumbrance[s] on the Property after costs of sale.

RIGHT TO PARTITION IS ABSOLUTE

16. “Ordinarily, if the party seeking partition is shown to be a tenant in common, and as such entitled to the possession of the land sought to be partitioned, the right to partition is absolute, and cannot be denied, ‘either because of any supposed difficulty, nor on the suggestion that the interest of the cotenants will be promoted by refusing the application or temporarily postponing action, . . .’” Priddel v. Shankie (1945) 69 Cal.App. 2d 319, 325; see Bacon v. Wahrhaftig (1950) 97 Cal.App. 2d 599, 603.
17. Plaintiff alleges that, as a tenant in common and/or joint tenant, Plaintiff’s right to partition the Property is absolute.

[OPTIONAL: THIS ACTION HAS BEEN REQUIRED DUE TO DEFENDANT’S REFUSAL TO COOPERATE]

18. [Optional: Before filing this action, Plaintiff requested that Defendant pay Plaintiff the equity in the Property proportionate to Plaintiff’s ownership interest. However, as of the date of this complaint, the Defendant has not agreed to do so. Accordingly, this action was filed.]

FIRST CAUSE OF ACTION

(Partition by Sale of the Property – Against All Defendants)

19. Plaintiff incorporates the allegations above as though fully set forth herein.
20. Partition by sale is the more equitable remedy than division in kind for the Property. The Property is an improved [single-family residence, commercial property, etc.] making a division in kind unfeasible as the co-owners would receive an interest valued at a price materially less than the share of proceeds the co-owners would receive through the sale of the Property as a whole, thereby resulting in a loss to the co-owners.
21. This action for partition is brought for the common benefit of the parties, to preserve and secure to each of them their respective interest and rights in the Property. Pursuant to C.C.P. § 874.010(a), Plaintiff has and will incur the costs of the partition by sale of the Property, including reasonable attorneys’ fees incurred by the Plaintiff, for the common benefit of the parties, in an amount according to proof, which shall be allocated to the parties according to their ownership interests in the Property. See Code Civ. Proc. § 874.040.
22. If any defendants do not assist with the orderly sale of the Property, Plaintiff will seek equitable relief by way of a court order requiring said defendants to vacate the Property and remove any personal belongings, including the appointment of a referee under Code of Civil Procedure § 873.010 to prepare the Property for marketing, and to market and sell the Property with approval of this Court. In such event, Plaintiff will request that the referee’s fees as well as the attorney’s fees be deducted entirely from the proceeds of the non-cooperative defendant(s) in an amount according to proof with statutory interest thereon at a rate of ten percent per annum. See Code Civ. Proc. § 874.040 and 874.030.
23. Plaintiff requests a court order disbursing the proceeds of sale of the Property upon consideration of an allowance, accounting, contribution, and other compensatory adjustments among the parties according to the principles of equity under Code of Civil Procedure §§ 140, 873.820(d), and 873.820.

WHEREFORE, Plaintiff prays for judgment against all Defendants as follows:

1. For partition by sale of the interests in the Property according to the respective rights of the parties hereto;
2. That the costs of partition, and of this action, including reasonable attorneys’ fees expended by Plaintiff for the common benefit, fees and expenses of referees and/or agents, and other disbursements be ordered paid by the parties in accordance with their respective interests in the Property, that the costs and attorneys’ fees be included and specified in the judgment and become a lien on the respective interests of any non-cooperative defendant(s) in an amount according to proof at time of trial, and that the referee’s fees be included and specified in the judgment and become a lien on the respective interests of any non-cooperative defendant(s) in an amount according to proof at time of trial with statutory interest thereon at a rate of ten percent per annum;
3. That an order of disbursement be made according to an allowance, accounting, contribution, and other compensatory adjustments among the parties according to the principles of equity;
4. For equitable relief to change the locks, thereby excluding any non-cooperative defendants and any other individuals with keys to the Property, including their personal belongings, in the event of their non-cooperation with the orderly sale of the Property;
5. For costs of suit incurred herein; and
6. For such other and further relief that the court may deem just and proper.

DATED: [Date]

By:  __[Signature]____

[Attorney for Plaintiff or Plaintiff in Pro Per]

Sample Complaint in California Partition Action [Draft]

As a courtesy, we are providing this partition action complaint in Microsoft Word format for use only in consultation with or when represented by an attorney. Click here for a Word format Partition Action Complaint California Sample.

Notice: Please contact an attorney to advise you of your rights upon an assessment of the facts in your case before using this template because the ramifications can be significant if you do not properly assert your rights in a California partition action.

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