You may have encountered situations where a client retained counsel while experiencing diminished mental capacity—or where cognitive decline became an issue during the course of representation. In those cases, safeguards are often put in place so another individual can lawfully manage decisions and affairs on the client’s behalf. Common solutions include appointing an agent under a power of attorney or establishing a conservatorship. While these tools are essential, additional considerations...

In many divorce cases, the home is titled in only one party’s name. This can happen when the property was purchased before the marriage, or when one spouse was removed from title during a refinance. I’m seeing this scenario with increasing frequency, and it often creates serious complications once a sale is required. Although a non-titled spouse may have a community or equitable interest in the property, they are not a legal owner. As a result, they are not a party to any listing or purchase...

As home values have risen, selling real property can trigger significant capital gains exposure. In some situations, a 1031 exchange may allow those gains to be deferred by reinvesting proceeds into another qualifying property. While often discussed as a straightforward solution, 1031 exchanges are highly technical and easy to mishandle — especially in divorce. To qualify, the exchange must involve investment property only. Primary residences and vacation homes are excluded, with very limited...