Boise Divorce Attorney, Boise Family Law Lawyers, Boise Custody Attorneys, Idaho Lawyer, call (208) 472-2383, divorce, custody, child support, modification, termination, adoption, domestic violence and all family law issues in Idaho.
For Boise Divorce Attorneys, community property is a way of life. If you practice as a Boise Divorce Attorney you are intricately familiar with the Idaho Code sections involving domestic relations.
As a Boise Divorce Attorney I often get phones calls from people in the middle of a marital dispute. Sometimes they have criminal law issues such as domestic violence but sometimes the criminal law issues actually require the help of a Boise Criminal Lawyer. When community property is destroyed by one party or the other, a criminal action may be filed. The destruction of community property falls under the Idaho Code regulating malicious injury to property and trespass. Boise Criminal Lawyers often see this statute in the context of a divorce situation.
Malicious destruction of community property carries the same criminal penalty as when the crime involves property outside a marriage and divorce context. It is divided into either a misdemeanor or a felony crime and is dependent upon the value of the property.
If you have a divorce issue or a criminal law issue and you need to speak to a Boise Divorce Attorney or a Boise Criminal Lawyer, please call (208) 472-2383.
Showing posts with label community property. Show all posts
Showing posts with label community property. Show all posts
Thursday, March 31, 2011
Sunday, January 23, 2011
Boise Divorce Attorney Talks About Community Property and Lottery Winnings
In today's news there was a story about a northern Idaho woman who won $190 million in a lottery jackpot. The woman was separated from her husband but had never gotten a divorce. As a Boise Divorce Attorney the question I see is, "are the lottery winnings community property?".
While there is not case on point in Idaho, Idaho Code 32-606 gives willful desertion as a grounds for divorce. In Idaho, however, you must file for divorce and actually go through a divorce proceeding to be divorced. Also, in Idaho, as long as you are married, your income is community property and anything you purchase with your money is community property. On the other hand, there is an Idaho Statute, Idaho Code 32-909, which has been determined to be unconstitutional presumably because of equal protection reasons, which states that the earnings of a wife living separate from her husband are her separate property. While the statute has been declared unconstitutional it has not been repealed.
As a Boise Divorce Attorney I see this case as one of those murky areas where there is no smoking gun, there is no black and white. While the law seems to say that the lottery winnings are community property, equity would say that the husband should have no claim to the money.
With Holly Lahti's new found wealth she certainly has the resources to pursue any claim her husband makes against her.
Pat Kershisnik is a local Boise Divorce Attorney. This blog is also available at www.lawboiseid.com at Law-in-the-news.
While there is not case on point in Idaho, Idaho Code 32-606 gives willful desertion as a grounds for divorce. In Idaho, however, you must file for divorce and actually go through a divorce proceeding to be divorced. Also, in Idaho, as long as you are married, your income is community property and anything you purchase with your money is community property. On the other hand, there is an Idaho Statute, Idaho Code 32-909, which has been determined to be unconstitutional presumably because of equal protection reasons, which states that the earnings of a wife living separate from her husband are her separate property. While the statute has been declared unconstitutional it has not been repealed.
As a Boise Divorce Attorney I see this case as one of those murky areas where there is no smoking gun, there is no black and white. While the law seems to say that the lottery winnings are community property, equity would say that the husband should have no claim to the money.
With Holly Lahti's new found wealth she certainly has the resources to pursue any claim her husband makes against her.
Pat Kershisnik is a local Boise Divorce Attorney. This blog is also available at www.lawboiseid.com at Law-in-the-news.
Subscribe to:
Posts (Atom)
