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January 18, 2011

Notaries Without Makeup

Filed under: Andy Cowan — Tags: , , — admin @ 9:02 am

Have you ever seen shows about celebrities without makeup?
Well now there is “Notaries without Makeup.” A reality show about what Notaries are really like behind the scenes.

Meet Sylvia.

SYLVIA: Hi, I’m Sylvia. Believe it or not, underneath this dazzling exterior, I’m just a regular person. I put my skirt on two legs at a time. Being a Notary may seem glamorous. At least if you’re Amish. But when you get down to it, it’s a lot of hard work. You have to show up for appointments, follow instructions, and deal with a lot of egos.

HOST: So, Sylvia, what was one of the worst moments you have had as a Notary?

SYLVIA: Since we Notaries are always judged by our appearances, the worst experience I had was when I had to refill my stamp’s ink, and it spilled all over my hand and my outfit. I was mortified. The blue ink clashed with my green blouse. Then, at another signing, I had to pretend the signer’s picture ID looked like him before he’d obviously aged from having to carry around such an ugly picture ID. Being a Notary is not all fun and games. There are a lot of hardships.

HOST: That was fascinating. So, what things about you are the same as say — an average person?

SYLVIA: When I get out of my glittering Notary outfit, and take off the professional makeup that I get done in the green room, I’m just a regular person. I go jogging. I have two cats and a small dog. I witness them doing their business on the front lawn. See? A notary’s work is never done. I bake cakes. I do all of the normal things that regular people with no lives do. The only real difference between me and others is that my life is incredibly exciting next to watching paint dry.

HOST: Well, that was very interesting talking to you. And we’ll be back next week with our next episode of “Notaries without Makeup!”

.

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January 17, 2011

Unilateral Commitments

Filed under: Ken Edelstein — Tags: , — admin @ 12:20 pm

Unilateral Commitments
Hello, Roundy Round Tires, do you have a Never Flat for my Go Go Mobile? Great, I might be stopping by later this afternoon, say 2PM. Can you assure me of instant service if I decide to show up? No, I don’t wish to make an appointment at this time; I just want your assurance that if I decide to honor you with my august presence; I will be instantly accommodated.

Farfetched? Consider the notary version: Is this the notary savant? I am thinking about having some legal papers notarized, will you be available at 2PM. Well, I have not really gathered my thoughts yet. I just want to be sure you will be available if the mood to be notarized strikes me.

Is this string along notary? Good, I want to know if you will be available for a signing today at 2PM. Cutting to the essence of a real assignment, I ask for the borrower name and phone number. Well ….. we don’t have that information yet, but I just want to be sure that you can process the assignment (IF, not said), when it comes. So, you’re not sure about details, only that you want my commitment of availability, is that what this call is about?

I have had this same conversation, with slight variations; many times. In short; you promise availability, and there is a possibility that they might call back. If you discuss your fee, the chances of them calling back decrease. But, fee is not the issue here. What’s in play is your reputation for truthfulness and willingness to grab at straws. I choose my words carefully.

If my schedule permits, assignments are accepted. Well known (by me) firms, those with whom I have a trust relationship go on the calendar based on a phone call. Others, especially the ones that “talk” the “good buddy” BS; are required to prepay. Many are the signing service schedulers who sound like they could not beat a squirrel at chess. They are trolling for dopey notaries. It is there intent to obtain commitments and exactly how little you will (hope to) receive.

Well, http://kenneth-a-edelstein.com does not consider trollers as worthy of much conversation. They are honestly (sometimes I feel that is more than they deserve) told that I value my time and will only allocate a portion of it if there is a mutual commitment. Some persist; we just want to know if you will be available. They are told: currently yes, but that yes is only for the duration of this call; I will accept an assignment for the same time slot if the phone rings in ten seconds after this call. Similarly, wee hour callers must prepay DURING the initial call, no wake twice!

Personally, I think it’s a hoot that frequently on various 123notary.com forums agents complain about a lack of “loyalty”. Really? Wakie wakie, they want (even more aggressively than you) to maximize their profits. If that be at the “expense” of you – they will merrily do so. However, agents with integrity will not “play along” with the availability game. They will openly and frankly describe their time management policy. I think that will be perceived as a plus. If you are fastidious with your calendar, you are probably the same with processing the docs.

My boss might need a notary this afternoon, might you be available. I might is the answer; to borrow a part of the question. Followed by mentioning that “currently” I am, but “might” not be so at a later time. Do you wish to schedule an appointment? Possibly my honest answer is a “turn off” to the caller. If so, so be it. But, to me, a factual, frank, honest answer works best.

.

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January 16, 2011

The Right to Decline Notarization

Filed under: Ken Edelstein,Technical & Legal — Tags: , , , , , , , — admin @ 10:25 pm

The Right to Decline Notarization
Notary must officiate on request.

The Penal Law (§195.00) provides that an officer before whom an oath or affidavit may be taken is bound to administer the same when requested, and a refusal to do so is a misdemeanor. (People v. Brooks, 1 Den. 457.)

The above is from the handbook of law provided to New York State notaries. Not much “wiggle room” there. I am writing this wondering if I just committed a crime! Of course we decline to notarize when something is “not right”, as we should. However, the issue before me is a request to officiate at the opening of a safe deposit box.

I have never participated in a safe deposit box opening. From what I understand, the notary is present and verifies the contents. It’s often a time consuming procedure. Generally it is a low paying function. I have heard that sometimes the notary is notarizing the statement as to the contents made by a bank officer. Other banks require the notary to make the statement as to the content and, as a notary, stamp and sign. That second procedure is a self notarization and illegal in New York State, and probably most other jurisdictions.

For the sake of discussion; let’s assume the procedure requested is the former, notarization of the statement by the bank officer. That’s certainly legal. The real issue is can mobile notaries legally refuse assignments? It is my understanding that a notary in a place of public accommodation (eg: at a bank) cannot refuse often saying “you must be a client of the bank”, any legal request. However, the mobile notary does not have a walk in location open to the public. Thus, IMHO the “before whom” does not exist; certainly that propinquity is not achieved “over the phone”.

One approach to avoiding unwanted situations is to price them very high. Sure, I’m available for your safe deposit box opening and my fee, with travel, is $500. But, that is a sham; and is sure to put you on the bank’s “do not call” list; possibly precluding an attractive assignment. I did not “high bid” my recent caller. I simply stated that I choose to not accept such assignments. And, that is the heart of the issue. Was declining a proper thing to do?

I have had people, despite my advertising to being a “Mobile Notary”; ring my bell and wish to enter my residence to have their document notarized. All of these have been declined. One or two were irate, and indicated that they would file formal charges against me. If they did, my licensing authorities probably dismissed their protest. I doubt there is any requirement to allow persons into my home, with the exception of Police, Fire, Building Inspectors, etc.

Unfortunately, the real issue remains, in my mind, a bit murky. Can I refuse a valid mobile notary request? If my schedule conflicts, I consider that a valid reason. But, if I am “available” do I have the right to “pick and choose” what mobile notary assignments I accept? We certainly do that all the time with Edocs from lowball disreputable callers. Many notaries do not like to notarize Power of Attorney documents. Many clients tell me their bank refused because Power of Attorney notarizations are “against bank policy”; presumably to avoid potential litigation.

Do we as individual mobile notaries have the right to refuse service to individuals for whatever reasoning we employ? The law cited above appears to require servicing all legal requests. My “not before us” is probably on weak legal grounds; I am not an attorney. How do you respond to requests that you do not wish to accept; especially those from individuals with proper ID, etc.

.

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January 14, 2011

Certified Copy of an Apostille?

Filed under: Ken Edelstein,Technical & Legal — Tags: , — admin @ 10:00 am

Certified Copy of an Apostille?
Sometimes I am in awe of the machinations suggested to reduce notary fees. I have just been asked to process a college degree with an Apostille. Routine. However, the client also has asked me to additionally prepare a “certified copy” of the Apostille bearing document! Of course this is totally illegal; and it’s worthwhile to explore the issues involved.

“Student Copies” of educational related documents (degrees, transcripts, etc.) are illegal to notarize in New York State. Photocopies do not include the anti-tamper protections commonly incorporated into the original documents. “Photoshop Magicians” have been known to change the grades; raising their grade point average from a dismal 2.5 to a laudable 3.7. All done with just a few clicks of the mouse. Worse, there have been cases where only the name is changed on the degree – instant college education!

To put an end to this fraud, New York State has added educational related documents to the list of “copy may not be notarized” documents. Already on that list are Birth, Death, Marriage, Divorce and some other officially issued documents. With educational related documents, it is the Principal or Registrar who is the only authority to sign and be notarized. Their signature is on an original, even if it duplicates a prior issuance. Degrees are generally issued for Apostille processing as a letter, signed and notarized – attached to the actual degree. Both should contain the raised seal of the issuing institution.

Now to follow the processing trail. I notarize the signature of the Registrar on the letter with attached degree. My signature is authenticated by the State of New York and the signature of the County Clerk is added; attesting to my “good” standing as a New York State Notary. Then the document goes to the Department of State to receive an Apostille, after the signature of the New York County Clerk is verified. Finally the Apostille is added; with a tamper proof, non-removable grommet, such that pages cannot be added or removed.

The package now contains many signatures: The Registrar, the Notary, the County Clerk and the Secretary of State of the State of New York. Each one has added, in addition to their signature either a raised seal, or some other tamper resistant protection. It is for that reason that the package is acceptable for use in other countries.

Now comes a request for me, the humble notary to “certify” a copy of the entire package! It’s not even easy to make a copy because of the grommet holding the pages together. The only way to make a copy is to fold the prior pages “out of the way” leaving the grommet at the top left intact.

The photocopy would be a mess, and look it. But, it is technically possible; with parts of the underlying documents “cut off” because the non-removable grommet blocks the photocopying. OK, now http://kenneth-a-edelstein.com has a “somewhat” complete copy. How can I “certify” the copy? First, it’s illegal in New York State for a notary to certify ANY copy, only the owner of the document can make a statement that the copy is complete and unaltered; assuming it’s not on the “no photocopy” list. It’s common to notarize a photocopy of an electric bill to be part of proof of residency. But, it’s a long step from electric bill (with affiant present) to educational degree with Apostille attached and no affiant. The only legal way would be to do the complete job twice.

.

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January 13, 2011

Notary Jobs: None Bad, All Bad, Some Good

Filed under: Ken Edelstein,Notary Fees & Pricing,Popular on Facebook (A little) — Tags: — admin @ 12:23 pm

Notary Jobs: None Bad, All Bad, Some Good
As is often the case I use an unusual title to perk your interest in my current installment. This one focuses on what assignments you actually accept. Yes, it’s you who determines what you do. They make “offers” you have the final decision. Of course when they “walk in” to a place of public accommodation your local laws probably prohibit you from refusing service without a good reason. But, as mobile notaries; our assignments are generally offered over the phone or via email; we are free to accept or decline.

Actually reaching an agreement to None is bad for business; you will have no revenue. If you are a mobile notary that’s probably not the situation you are looking for. The reverse is also true. Accepting All offers, though sometimes tempting; will in the long run be bad for your “bottom line”. A lowballer will never forget your acceptance of a 55$ edoc fee. “Once they see how good a job I do they will be willing to pay more” – that’s a pipe dream.

So, most of us live in the land of Some. Prior installments have discussed the often humorous aspect of some tendered offers. Hopefully, or should it be hopelessly; few of us are willing to drive 150 miles, in the middle of the night, thru a snowstorm; for the princely sum of 75$. Offers of that type remind me of a phrase used when I worked at a brokerage firm with a pet bull. “The cows may come and the cows may go; but the bull is here to stay”.

We need to actively filter the call/email to determine, quickly, the essence of the offer. If you don’t know the what, when and where; merely knowing the dollar amount, is inadequate to make the accept or decline decision. Unless, of course, the offer is for a very low dismissible fee. You need to get the real specifics, nothing can be vague, and nothing can be assumed. I once accepted an offer “in New York” assuming they were referring to within the city. Nope, they wanted me several hundred miles north of the city, hours away. Was it a misunderstanding? Or bull?

Be it misunderstanding, or bull, or a “change” in the specifications; how do you respond. What would be your reaction to the following scenario? They offer your standard rate for an edoc that is not too far from you. They say it’s about 125 pages and there are no special requirements (because you asked). You receive the confirmation and await the docs. Finally the docs arrive and the top page stresses the need to print 3 sets of the 185 page package. One set is for borrower. The other two sets are to be fully executed, and both faxed back “for approval” and when approved a pair of FedEx labels will be sent for shipment. You are also required to remain with the borrower until your faxing is approved. Probably the SS did not know the additional tasks, and, let’s assume relayed accurately all they knew.

Are you stuck with a wet baby on your lap? Of course not, it’s “bounce back” time; or they must greatly increase the fee. I would require an immediate PayPal full payment; fool me once shame on you, fool me twice shame on me. It’s very hard to actually receive at a later date a fee that was raised from the initial offer. The “miscommunications” is not your fault, or problem.

Thus, even when you take care to select Some, bad things can happen. It is how you react, and what you now demand (yup demand – if they want you to stick with it); that determines if you will be exploited or paid fairly for the work involved. Don’t let “their” problem become yours.

.

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Who really needs who?

Filed under: Carmen Towles,Popular on Facebook (A little),Popular on Twitter 2011,Popular Overall — Tags: , , , — admin @ 8:34 am

I received a call the other day from a disgruntled signing service. (they will remain nameless). The owner/operator was quite angry. It appeared that a notary he had hired from 123 had called one of his title companies and had some not so nice things to say about him and his company. And now he wanted retribution, demanded it. He wanted this particular notary to be removed immediately from the 123notary website. I told him that we just don’t remove notaries based on one-sided stories. I asked him to provide me with details as to what happened and all I was able to get out of him was that the notary had taken it upon herself to call his title company and was ‘bad mouthing him’. The next question I asked him, was why would she do this? I expressed to him that notaries just don’t exhibit this type of drastic behavior unless something had happened that would cause her to feel that this was her last resort. I never did get an answer. I had my suspicions but kept quiet. 🙂

I told him that I really couldn’t do anything and suggested that he email Jeremy and/or leave a review for this notary on her profile. He didn’t like any of these solutions. He just wanted her taken off. I found the whole thing odd and as our conversation escalated, he says to me, that because of our reluctance to just take her off, it would not be good if other signing services found out we were letting notaries slam them. It would not be good for business. I’m thinking, is this guy serious? He then went on to ask me if I was a notary? Yes, sir. I am a notary. Been a notary now for a total of 14 plus years. He says, “Oh now I understand, all of you notaries think alike”….”Yeah we do, I tell him”. I go on to tell him that none of this sounds right to me and since he refused to tell me what his part in it was, I couldn’t be of much help. It was clear that we would never see things in the same light…..and it was also clear he had something to hide.

Then he says to me something that I will never forget. “If it wasn’t for us (meaning signing services) you guys wouldn’t have any work”. I was like “WHAT”?!?!?!? Are your serious?. I could not believe my ears! I was stunned and shocked. I had to keep what I was really thinking to myself. But I did say; “Do you really believe this? I mean the only reason that title/escrow use signing services is because it is convenient for them”. It was clear he did not like that answer. 🙂 The truth of the matter is that although they may be convenient for title/escrow, no-one really needs signing services but they do need commissioned notary publics who travel. And if every signing company fell off the the face of the earth, the folks in the mortgage industry would still use and need us…and this is a fact. What were they doing before the signing services got on the scene and took over? Calling notaries direct, thats what. And some of them still do call direct. They want that one on one experience.

On that note we ended the conversation as it was going nowhere. And after I hung up I just couldn’t believe that this signing company had the nerve to say this to me and he actually believed this. I think he has got this whole ‘who needs who twisted’ Or he thinks I am pretty stupid…….but even worse, I wonder how many other signing companies believe this nonsense as well?

Like the title says….who really needs who?

Until the next time…be safe!

Tweets:
(1) If the signing companies all fell off the face of the planet, Title companies would call notaries directly.
(2) A notary reported the signing co to the Title company, and the signing company was not happy!
(3) He wanted us to remove a notary. I told him we don’t remove notaries based on one-sided stories
(4) Al: “If it weren’t for us signing services, notaries wouldn’t work!” Carmen thinking: “Is this guy serious?”
(5) The only reason Title/Escrow use signing services is that it is “convenient” for them!
(6) Who really needs who? Do notaries need signing services? Do Title co’s need signing services?

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Notary Public Cures Lying!

Filed under: Andy Cowan,Popular on Facebook (A little),Popular Overall — Tags: , — admin @ 7:09 am

Being economical with our finances is challenging. Being “economical” with the truth is a snap. That’s because fudging a bit is a byproduct of being all too human. But notary publics shine a light on the signed, sealed and delivered un-stretched truth. Imagine if we navigated the half-truths of life with the added assurance a notary would provide? Imagine no more.

· “It’s not you. It’s me.”

Okay… Before we break up and I draw at least some comfort from the fact I had the misfortune of choosing a partner who wasn’t good enough for me instead of vice versa, would you be willing to sign “It’s not you, it’s me” in front of Jeremy, my 123notary.com truth detector?

“Okay, it is you. Where do I sign?”

Oh well. Thanks for lying. Till a couple seconds ago, that is.

· “We’ll keep your résumé on file.”

And I’ll keep my notarized statement in which you promise to keep my résumé on file… on file.

“We’ll keep your résumé in the nearest circular file till the janitor heaves it. That you can notarize.”

Wow. I’ve been canned before, but never garbage canned.

“Your résumé didn’t mention you’d been canned before.”

You actually read my résumé? I’m honored!

“As I was folding it into a paper airplane, I couldn’t help but notice.”

· Billy “likes” this on Facebook.

And Jeremy at 123notary.com likes the fact you like this, once you let him notarize your thumb up.

“Billy likes avoiding work by killing time on Facebook. That you can notarize.”

Thanks, unfriend.

· “You look great.”

You didn’t tell me that sixty years ago when I was twenty. Why should a bunch of liver spots change things? I won’t believe you till 123notary.com makes it official.

“Don’t forget. When you were twenty, my eyesight was still good. That you can notarize.”

Okay. At least you’ll be able to feel the seal.

· “You’re a wonderful cook.”

Thanks. My dog you’re secretly passing the chicken to under the table seems to agree. Would you mind letting 123notary.com seal the deal and paper on which you praise my culinary skills?

“I was talking about the time you cooked up the whopper about how you can cook. That you can notarize.”

Well, you’ll have to come again sometime. I’m talking to the dog.

· “I’ll call you sometime.”

Yes, you will. If I can have Jeremy at 123notary.com notarize your promise to do just that.

“ ‘I’ll call you a name sometime.’ That you can notarize.”

I’ll be sure to return the call.

· “What a great audience.”

Thanks. After Jeremy from 123notary.com notarizes the cue card off of which you read that, I’ll believe you.

“No problem. Come on up, Jeremy.”

Jeremy affixes his official seal to the cue card. The card is so thick, the seal can’t make it all the way through, rendering the audience less than certifiably great. They start booing, further validating why Jeremy’s seal made less than an impression.

Thanks, you’ve been great readers. Jeremy… can you confirm that?

Andy Cowan is an award-winning writer, producer and performer, whose credits include “Cheers,” “Seinfeld” and “3rd Rock From the Sun.” He can be reached through his website, http://upanddownguys.com

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Wheel of Fortune – Notary Edition

Filed under: Andy Cowan,Virtual Comedy Themes — Tags: , , — admin @ 1:01 am

WHEEL OF FORTUNE – Notary Edition

Pat: Let’s say hello to our contestants. Joe here is a notary public from Commishigan. Sounds like fascinating work, Joe.

Joe: More than hosting a glorified “Hangman” for over thirty years.

Pat: Ouch. You got me there, Joe. And hello to Marie. It says you are a notary public from Seal Beach. “Seal”. Makes sense. Okay, the puzzle is a 17 letter word. You won the coin toss, Marie. Take a spin.

Marie: Big money! Big money!

Pat: Well, if you’re looking for big money, you picked the wrong profession.

Marie: Cheap shot, Pat.

Pat: Speaking of cheap – $200.

Marie: Any S’s?

Pat: Three S’s. Go again.

Marie: Big money! Big money!

Pat: $450

Marie: X?

Pat: No X’s. Unless you’re signing a document that way. Joe, your turn.

Joe: Big money! Big money!

Pat: $1000!

Joe: Any R’s?

Pat: Two R’s.

Joe: I’d like to solve the puzzle, Pat. I mean the one besides how it is Vanna White still has a job.

Pat: That puzzle we’ll never solve.

Joe: “Errors and Emission”.

Pat: Speaking of errors, you just made one, yourself there, Joe. Marie, a break for you.

Marie: I’d like to buy a vowel, Pat. Are there any O’s?

Pat: Three O’s.

Marie: I’d like to solve the puzzle. “Errors and Omission”.

Pat: As in the insurance policy that protects notaries liable for honest mistakes. Joe, too bad you didn’t have it when you made your honest mistake a minute ago.

Joe: Good thing a credible witness didn’t see me make it. Unless you call Vanna “credible.”

Pat: If it involves signaling things with her hands, I do. Especially the profane gesture she’s using right now!

.

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January 12, 2011

Notary Respect

Filed under: Ken Edelstein — Tags: , — admin @ 1:30 am

Notary Respect
“When you arrive at the building, please use the service entrance.” That was the closing sentence from a client for an assignment in a midtown Manhattan office building. I called, and made it quite clear that was not the way I would proceed. “I do not use the back door; I am a commissioned office of the State Department of the State of New York on official business. I do not use the messenger or pizza delivery entrance. If you will kindly confirm to me that a pass will be waiting for me in the main lobby, I will be able to confirm your appointment”.

The above was yesterday. The client did assure me that a building security pass, at the normal entrance would be waiting for me. It was. Even though I carried a large bag with my fingerprinting supplies, I was directed to the elevator without incident. The assignment also included notarization; though both require my standing as a notary to establish ID.

This evening I had a title company call with a refinance. The location was nearby and they readily agreed to my fee. The assignment was for the next day, a Saturday. “The borrower has an early flight and would like you on location at 6AM.” Gulp, that will cost you an additional $50 as it would require me to wake at 5AM. “Why – $50 more, it’s not that you are likely to have some other conflicting appointment scheduled.” My only reply, censoring what I wanted to say was “Thank You for calling, find someone else”. Clearly my loss of sleep had no value to them, but it certainly does to me.

Chances are you are polite and respectful to callers and clients. However, not all callers are respectful to us. I found the position taken by the 6AM job caller disrespectful. To me that warrants an abrupt, but polite – end to the conversation. Sometimes our clients can be a bit unreasonable. At the door I heard large dogs growling and snarling. I like dogs, and usually have no concern about them. But, at this location they seemed very aggressive, not the “I like you” kind, that want some attention. I asked that the dogs be placed in a different room prior to entering. “My dogs are always free, enter or not; it’s your choice.” Away I went.

Do you have dignity? It’s rather a shock to me to have to ask the question. Of course you do, but do you demand respect both for yourself and your office as a notary? I have been asked, on a signing to literally “sit in the corner till you are required”. I’m not furniture. “He’s “just” the notary”, superfluous condescending word “just”. More accurately: He is the Notary. Even if you have a low self image, project the status and honor (yes honor) of your profession and office.

I’m not talking about being pompous and acting superior. Folks at the signing table are not expected to stand when you enter the room. You are an integral and necessary part of our legal system. A document can become evidence in court – because of your certification. We are the front line troops defending against and eliminating much fraud. There is a long and honorable history behind our roles as notaries. Our impartiality and objectivity define us.

Respect, just like trust; has to be earned. One way we earn trust is being sworn under oath to uphold our state’s laws. Respect is a bit more difficult to earn. Snide and demeaning comments as: “just a notary” must be immediately and politely voiced objections. When you dress, act, and practice your profession honorably; the respect you deserve will generally be forthcoming.

.

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January 11, 2011

How is Property Divided in a Las Vegas Divorce?

Filed under: Other Guest Bloggers — admin @ 11:03 pm

Divorcing in Las Vegas may be a bit different from what you are accustomed to, especially if you have moved here from another state. The first thing that we must mention is the fact that Nevada, the home of Las Vegas, is a community property state.

Basically, this means that each of the two parties involved in a divorce owns 50% of the debts and assets that have been acquired during the marriage.

Naturally, during a divorce, these debts and assets will be distributed equally between the two spouses. However, there are some cases in which the community property can be divided unequally, usually in case of a prenuptial agreement, or of a marital dissolution settlement agreement.

In the following paragraphs, we’ll show you exactly how property is divided in Las Vegas, so that you know what you are entitled to when you file for a divorce.

What is Community Property?
As mentioned above, community property is the property that’s equally owned by each spouse. All of the property that has been acquired by any of the parties during the marriage is labeled as community property, with the exception of a prenuptial agreement between the two parties which states otherwise, or when the court issues a contrary ruling, or if a property is labeled as separate and owned by one of the parties.

What Rights Do the Partners Have in Terms of Community Property?
In the case of a divorce, neither of the two partners may leave in their will more than one-half of the so-called community property. Moreover, they cannot give away that property as a gift, for example, without the other party’s consent. Naturally, the partners cannot sell any real estate that is classified as community property either, unless both parties sign the contract or deed.

Cases When Property May Be Divided Unequally
Usually, all community property is equally split in a divorce. However, there are some cases when this rule does not apply. For example, when there is a prenuptial agreement that states the division of property if the couple enters into an agreement regarding the distribution of their property, or when the court finds one of the spouses to have secreted or wasted community assets.

Separate Property in Las Vegas
As the naming implies, separate property is the property controlled or owned by only one of the two partners. Naturally, the other partner has no right to control it. Separate property is usually the property that was owned by one of the partners before marriage, or that was acquired while the two were married via inheritance, gift, or award for personal injury.

The Bottom Line
In short, the two things that you must keep in mind are the community and separate property. If you know the difference between the two, as well as who owns what, you will have no surprises when the court divides your property during a divorce.
Also, keep in mind that there are some cases in which separate property can become community property. Moreover, domestic partnerships are still under the influence of community property rights, because the couple must register as domestic partners.

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