Recently, the U.S. Supreme Court struck down Proposition 8, the California
constitutional amendment that sought to deny the right to marry to same-sex
couples. In light of the U.S. Supreme Court’s ruling, same-sex couples
are, once again, free to marry and to enjoy all of the benefits and obligations
afforded by the right to marry.
The ruling serves as great news to those couples who reside within California.
The benefits and protections associated with marriage are, in large part,
based upon state law. One particularly crucial example of legal rights
tied to the right to marry includes the principle of community property rights.
California is a community property jurisdiction. Community property rights
provide that most property acquired during the marriage, except for gifts
or inheritances, is owned jointly by both spouses and is divided upon
divorce, annulment, or death. Joint ownership is automatically presumed
by law in the absence of specific evidence that would point to a contrary
conclusion for a particular piece of property.
Scott D. Fisher, also credentialed as a licensed real estate broker, has
practiced real estate law for over twenty-five years. He assists clients
with real property co-ownership agreements and other transactional matters
and actively litigates real property disputes when appropriate.
Additionally, Scott D. Fisher is an experienced estate planning attorney
who assists clients with the preparation of essential estate planning
documentation including wills, revocable living trusts and powers of attorney.
For a free initial consultation, please contact
Scott D. Fisher at
(323) 989-4860 or send your email inquiry to
website for more information regarding our areas of practice and schedule a free