Saturday, April 15, 2017



Random Fuzzy

Brief observations:

- In her petition, she asked for her "earnings and accumulations from and after the date of separation."   I doubt if her earnings in the 7 months since they separated would be sufficient to pay for the $20+ million estate.  As noted below, if the purchase money was earned during the marriage or domestic partnership, the property belongs to the community.

- As I noted in my previous post, they have not amended the petition and response to comply with asset and income disclosure requirements.  Other than "Miscellaneous jewelry and other personal effects"  she did not list any separate property assets.  No legal property agreement between them has been filed.  Those documents should have been filed with the court before she considered buying the property if she wanted to claim it as separate property purchased with separate funds.  Even though all documents are now sealed, all filings are listed in the case summary. 

-  They would normally also be required to account to the court for all extraordinary expenditures, but they may have previously acted to set aside all the ATROs together with the one on the children's out-of-state travel. 

- In light of the above and as discussed in the article below, this property will likely end up not as her separate property but still part of their community property.  In other words, this will be their house. 

-  As discussed previously and explained again below, failure to provide the court with the necessary income, asset and debt disclosures will lead the court to dismiss the petition.

- The DeMille estate didn't find a buyer the last time it was listed despite multiple price cuts -- from $26.25M to $23.95M.   It seems unlikely that there are other interested buyers but she wanted to be sure her offer was accepted and offered just under the $24.95M asking.   She wasn't interested in bargaining and it didn't matter that she was almost doubling the previous record sale in the area.  Getting the property quickly was more important.  The issues with purchasing property while the petition was pending didn't matter either.

- The Los Feliz area is Brad's preferred neighborhood whereas she seemed to like Malibu -- but she bought in Los Feliz.  The DeMille is the only estate of its size available in the area.  The next nearest are in Beverly Hills and Bel Air.

- There were no reports that she was viewing properties to purchase.  It was immediately that she wants to make the DeMille estate her new home.  It doesn't appear as though she considered any other property.

- The DeMille offered her something no other available estate in L.A. did -- a location in the Hollywood Hills / Los Feliz area, minutes away from their compound -- and she was eager to get it as soon as it was listed.   It was officially listed on March 27 and by April 13 she had made a formal offer and entered escrow.

 -  It's a very public purchase for someone who is normally very private and secretive.  There was no attempt to shield her identity behind trusts.   She acted fast and she did it publicly.   They lost no time in confirming the purchase with People and Vanity Fair.  She wanted people to know immediately that she is buying this property.  The DeMille henceforth will be known as their family residence so there was no point in hiding it.

- The estate is much brighter and has more lawn space than their Hollywood Hills compound and has a wide flat section the children can play ball in.  The two properties have a number of things in common: similar land size:  2.1 acres for DeMille vs. 1.8 acres in Hollywood Hills, a gated community, city views, and they're just over a mile apart.

- The value of this property will be close to double that of their Hollywood Hills compound and almost half what they paid for Miraval.

- We have not seen much of the inside of their compound in Hollywood Hills but thanks to the listing, we have photos from every vantage point plus a video.

- After Angelina and the kids left after the incident, Brad also moved out of their Hollywood Hills compound.  The entire family has since been back.  Richie, their security head, fetched them from the airport when they arrived from London and they had a movie night the next day (March 18) with Brad's Missouri-based family.



A puzzle with only some of the pieces visible to us.  I imagine we will get answers soon enough. 


"Angelina Jolie Pitt has filed for dissolution of the marriage. This decision was made for the health of the family.

 "Angelina will always do what's in the best interest of taking care of her family.

“An incident took place and prompted [Angelina] to act and file.” the insider tells Us that it “affected the entire family.” She still says Brad is the love of her life, and the decision has weighed heavy on her heart,” the source adds. “Her priority now is the children.” 

E! News has learned that the actor found out Angelina was going to file one to two days ago, but did not know before that.
"Brad did not want the marriage to end," a source shared with E! News. "He was committed to doing what he needed to make it work. He was open to counseling."
Another insider added, "He is emotionally torn. Right now, he is devastated. He still loved Angelina and would have preferred they fight to make the marriage work. He was willing to do whatever it took to save the marriage

He is beside himself and has been crying.  He was completely caught off guard and blindsided and had no idea she would do this,” the source tells Us of Pitt’s fragile emotional state after Jolie filed divorce documents on Monday, September 19.
The source adds: “He is completely devastated and beside himself. He is a shattered man."
"He’s extremely upset," another source tells Us. "But he is totally focused on just being helpful and making sure his kids are doing as well as possible."

Brad Pitt is under investigation for child abuse after he got "verbally abusive" and "physical" in a fight involving one of his children with Angelina Jolie, while their other kids were also present.
The report allegedly indicates he had been drinking at the time of the incident.
Another source says that Pitt did not return to the L.A. family home with Jolie and the children after the incident. That wasn't unusual, says the source – Pitt would often spend the night at a hotel after arguments with Jolie.

If the Juvenile Division decides that it is necessary to remove a child from the home, several possibilities exist:
- the child may be placed with the other parent, if they are separated or divorced

“Something happened last week ... that’s why on Thursday she separated from him, on Friday she went to a lawyer, on Monday they had filed for divorce, it happened like that,”Levin said in a Facebook video.

In the wake of child abuse allegations leveled against Pitt, the Department of Children and Family Services reportedly implemented a child safety plan. ET confirms that, given the safety plan, it's unlikely the 52-year-old star has been in contact with Jolie directly, as any communication would likely need to go through both parties' attorneys.

“Angelina has blocked all incoming text messages and also Brad’s numbers,” the insider tells Us.

A source connected with Angelina says this is not about alcohol ... she would never leave Brad if it was just a substance abuse problem.
 "This wasn't because he was drinking.  This was more serious than that.  She did what she felt she had to do to protect the safety of the kids."  A family source said, "Angelina decided what she was going to do.  She felt her hand was forced."

"A family member exclusively tells PEOPLE "Her family is broken and she is in agony. Her children are recovering from the events that brought about the filing of the divorce"

The protective order against the actor, 52, has been extended as investigators look into whether there are additional incidents or a pattern that may suggest a history of abuse that involves more than one of Pitt and Angelina Jolie’s six children.

"We can confirm that childcare professionals have encouraged a legal agreement accepted and signed by both sides over a week ago. In accordance with this agreement, the six children will stay in their mother's custody, and the children will continue therapeutic visits with their father. This has been determined by childcare professionals to be in the children's best interest.

"We are not in a position to discuss the details. We hope now that it is clear that the events which led to the dissolution filing involved minor children and their wellbeing, there will be understanding of the sensitivity of the family situation. We believe that all sides are committed to healing the family and ask for your consideration during this difficult time."

“Back when Angelina first filed for divorce, she said that the reason she filed was for the safety and health and well-being of the kids and that has been her consistent point of view from the beginning,” the source explained. “Nothing has changed.”

Brad Pitt has been cleared by the Los Angeles County Department of Children and Family Services after being investigated for alleged child abuse, Us Weekly can confirm.

 "The job of the DCFS is to make sure the children are in a safe and secure situation. As we said earlier this week, childcare professionals encouraged a legal agreement accepted and signed by both sides that was in the best interest of the children. Angelina said from the beginning that she felt she had to take action for the health of the family and is relieved that after their 8-week involvement, the DCFS is now satisfied the safeguards are put in place that will allow the children to heal."


STIPULATION AND ORDER RE CHILD CUSTODY AND THERAPY

Petitioner and Respondent ...hereby stipulate to the following temporary orders:

Pending written agreement of the parties or further order of the court -

- Petitioner shall have physical custody of the children

- Respondent shall continue to have agreed upon therapeutic visitation.  The frequency and conditions of the visits are determined by Ian Russ, PhD.  Prior to making such determination, Dr. Russ shall consult with Lisa Hacker, Judy Goldman, Angela Bissada and Catherine Green.  Dr. Russ shall at all times consider the best interests of the minor children.

- Respondent will continue to participate in individual therapy a minimum of once a week for no less than 50 minutes per session.  At the end of each month he shall provide Dr. Russ with proof of his participation.

- Respondent will continue to participate in group therapy once a week and will provide Dr. Russ with proof of his participation at the end of each month.

- Respondent will continue to submit to random drug and alcohol testing by Dr. Robert Waldman.  The tests will not exceed one per week with a minimum of 4 every 30 days.  Dr. Waldman will provide Dr. Russ with the results within 24 hours of receipt.

- the children will continue to participate in individual counseling, the frequency and duration of which will be recommended by Angela Bissada and Catherine Green.

- Petitioner, Respondent and the children will continue to participate in joint sessions.


On Tuesday, a source confirmed to ET that the Allied star spent Thanksgiving weekend in the Turks and Caicos.
According to the source, the 52-year-old actor stayed at Amanyara Villas, a secluded luxury resort. He was joined by a male friend.

Dear Lance
With regard to the frequency of therapy sessions, you state that they need to be increased to at least twice a week and that Brad wants to designate the location for these sessions in order to facilitate consistency. I am wondering about your choice of the word "need" and again defer to the therapists to determine frequency. As to location, I am certain that the parties, with the help of their security team, can come up with a venue that makes sense for this family.
I think that in order to be good liaisons between our clients and the mental health professionals, it is important we hear what they have to say firsthand and at the same time.  Perhaps such a meeting could prove helpful in resolving some, if not all, of the issues raised in your letters

Dear Laura:
Our client has made a major effort and commitment to the ongoing therapy efforts.  However, his limited access to the children is not acceptable.  My original message was and is that unless there are changes to the process, it is not going to accomplish its objectives.

Between now and the start of the holidays/school break, Brad is requesting 30 to 60 minutes sessions to be scheduled as follows:  1 session with the twins, 1 sessions with the middle kids, 1 session with all 4, one session with the older boys and if they are not going to participate, another session with the 4 younger kids.
Darren, Michael O. or Richie can be present.  The sessions will be at a home that is approximately 10 minutes from your clients residence.
There will be a request for a step-up in connection with the holidays/school break

Good morning Lance,
Are we confirmed for a meeting with the children's therapists on Monday at our office at 9:30AM?  I understand that their impressions and opinions will not be dispositive of whether there is a shift in the status quo which increases Brad's interaction with the children and begins visits which are in a non-therapeutic setting, I do think that we ought to hear what they have to say and give some weight to their expertise.

Laura,
For the past 3 months, Brad has complied with every aspect of the therapy process, notwithstanding ongoing concerns that the therapy team has ignored or disregarded issues that he has raised.
As I mentioned yesterday, it would be misleading for me to tell you that the request for access may be impacted by the opinions of the kids' therapists.  Regardless of their views, there is no reason for Brad not to request court orders that are likely to include more access than I proposed yesterday.  If your client is willing to agree to our proposal, we can avoid the necessity of filing an RFO and the meeting next week can be for the purpose of us telling the therapists that the parties have agreed to non-therapy access.

Dear Lance
Our meeting yesterday left me feeling disconcerted.  You have told us that you intend to file a request for additional non-therapeutic visitation and do not seem to have any regard for what the children's therapists feel is in their best interests.
I understand that Brad is frustrated but feel that it is incumbent upon us to help this family achieve their long-term reunification goals in a smooth and expeditious manner. Litigation absolutely does not effectuate that goal.
Is it not the end goal that within the next 6-12 months Brad is enjoying frequent and continuous contact with all of the children on a joint custodial basis? If we know that we will get to that point via either costly, ugly, protracted and public court battles or by virtue of out-of-court resolution and the therapeutic process upon which we all agreed less than a month ago, why would you opt to blow it all up and choose the former?
Please give the therapists a chance to tell us how the kids are feeling.
Angie's reluctance to enter into a stipulation to seal the file stems from her firm belief that litigation is the wrong decision.
We have discussed a custody evaluation in this matter. As we advised yesterday, we are agreeable and would like it to commence immediately. You have told us that you will not agree to the appointment of minor's counsel. We feel it is essential that the children have advocates who can communicate with the evaluator or the judge on their behalf. Will you reconsider? We also propose that the parties participate in joint sessions with a trauma specialist so that they may learn how to best support and interact with their children given their current state.

Dear Laura
The message that I attempted to deliver on Wednesday was that it is inconceivable to me that the court will not provide Brad with much greater access to the children than the time that I proposed earlier this week. It would be an extraordinary understatement to describe Brad as an involved parent. Based on evidence that has been corroborated by multiple sources (including public and private statements from your client), he has been a great father and there is no reason to exclude him from the children, including the isolated incident that was investigated and rejected by the DCFS.

Lance -
You have made it clear that Brad intends to file an RFO for increased custodial time next week and that nothing the therapists say during our meeting on Monday will change Brad's position.  Therefore, we will be filing the Stipulation & Order Re Custody and Therapy.  We have repeatedly attempted to avoid any court intervention.  Brad's position made that impossible.

"Brad was attempting to set up his own schedule with the children," the source further claimed. "He was not relying on the advice of the healthcare professionals [as to] what should be done. In order to keep everything in line with the custody agreement it had to be reinforced in court. Therefore that forced Angelina's side to file it within the courts."

"Originally, Pitt had volunteered to do the drug and alcohol testing himself," a source tells ET. "But now that a judge has signed off on these docs, it has become mandatory and cannot be reversed without another court filing."
“Brad has not seen his children alone without a monitored therapist since the plane incident,"

A separate source notes that Jolie has been attending her kids’ counseling sessions.  “Angie has been by the kids’ side nonstop since this happened. Their health and well-being has been her only priority. She hasn’t traveled, and she delayed completing [her new film] First They Killed My Father,” says the source,  She has been with them the whole time trying to make sure they heal."
The rep adds, Angelina wants to continue therapy with the kids and Brad. 

A second source tells Us that Jolie organized the holiday get-together and that the kids' therapist — who supervises their visits with the Allied actor — was also there.  "[Brad] gave them presents and it was cordial," the insider adds."

“The parties and their counsel have signed agreements to preserve the privacy rights of their children and family by keeping all court documents confidential and engaging a private judge to make any necessary legal decisions and to facilitate the expeditious resolution of any remaining issues. The parents are committed to act as a united front to effectuate recovery and reunification.”

“Private judges can’t order that an agreement be enforced so if you want to take action, you have to go back to the court system,”

"the foundation has no plans for dissolution.”

BBC: We know that an incident occurred that led to your separation. We also know you haven't said anything about this.  Would you like to say something now?
AJ: "Only that...I don't want to say very much about that, except to say it was a very difficult time. And, and we are a family and we will always be a family, and we will get through this time and hopefully be a stronger family for it,

GS: You filed for divorce, you said, for the health of your family.  Is your family healthier now?
AJ:  We are..we are ...focusing on the health of our family, and so..and so we will be.  We will be.  We will be stronger when we come out of this because that's what we're determined to do as a family."
GS: In the past you described Brad often as a wonderful father -- of course he's part of the family -- do you still believe that?
AJ: Of course. Of course. We will always be a family. Always.

"Miraval “is an investment for their family and their children. "

Overall, the lesson learned is that Brad Pitt can be one stealth flyer when he wants to be, and he and Angelina are as adept as ever at taking care of the truly important business behind the scenes, where the view isn't always clear.

"He’s much happier.
He’s very relieved that things are not playing out in public anymore.
It was a rough time, but they were able to resolve it.  This is a work in progress.  The goal was to resolve everything for the kids and the whole family, and they’re working toward that.
He is spending more time with the kids when they are in L.A.  He has even spent some time with Maddox and Pax.
Things are definitely calming down.  Occasionally he still gets a bit down.  He went from having quite the chaotic, full house to a very quiet house. Waking up with the kids every morning seemed to make him very happy.
He’s always been extremely positive about how Angie’s a good mother."
The source reiterated what Jolie said about Pitt -- that he is a good father to their six children and that they will always be a family.
As for reports stating that Pitt and Jolie have spoken directly? The source tells ET, "They had already been talking directly to each other way before this anyways."
"His kids visited him at his Los Feliz home on the evening of April 2," possibly not "since the week before news broke."  A source tells ET that the 53-year-old actor had his first overnight stay with (the kids). The source adds that the children's nannies were also on hand during the overnight visit, as was recommended by the family therapist.
"Everything is going well; the family is getting along and keeping things private" Pitt has worked very hard to get his kids back and the whole family is in a much better place," the source says.



-- Fussy







legalzoom

If you are considering buying a new home before your divorce is final, carefully evaluate all the potential complications that can arise from acquiring such a significant asset while the divorce case is pending. If you buy a new house before the divorce is final and without taking proper precautions, the court might deem it marital property and divide it accordingly.
Asset Division and Legal Property Agreements
Buying a new house while the divorce is pending could jeopardize your sole ownership of the home. To prevent the house from being considered part of the marital assets, you must prove it is "separate property." Separate property includes assets you owned prior to the marriage, acquired by gift or inheritance during the marriage, or purchased with non-marital money. In California, all marital assets are considered "community property" and are divided equally. The majority of states use "equitable distribution" to divide marital property.  Both types of asset division recognize separate property as long as the spouse making the separate property claim can prove the asset is separate property, for example, by proving it was owned before the marriage took place or purchased with separate funds. To protect your home from being considered a marital asset, consider entering into a legal property agreement, which is signed by both spouses and approved by the court. The agreement should specifically address both spouses' ownership interests, along with equity and title -- stating that the home buyer's spouse will have no rights to the home.
Avoid Commingling
Because the home will be your separate property, you cannot use marital money for the purchase. Mixing marital funds with separate funds is referred to as "commingling" in legal terminology, and it can endanger your separate property. All stages of the sale, including the down payment, must be financed with your own money. You should also avoid using marital funds to pay for any maintenance and upkeep of the home.
Financial Considerations
If you buy a new house while the divorce is pending, the court will likely include it as part of your total assets when dividing marital property, which can affect the distribution of marital assets. Because you already own such a significant separate asset, the court might decrease your share of the marital property and award your spouse a larger percentage of the joint assets.

CA courts
Community Property and Separate Property
California is a community property state.  So property that the couple acquires during marriage/partnership is “community property.” And debt that the couple acquires during the marriage/partnership also belongs to the “community debt.”

Community property generally is everything that spouses or domestic partners own together. It includes everything you bought or got while you were married or in a domestic partnership — including debt — that is not a gift or inheritance.
Community property also includes all the earnings that either spouse or partner (or both of you) earned during the marriage and everything bought with those earnings.  If the purchase money was earned during the marriage, the property belongs to the community.

Separate property is anything you have that you owned before you were married or before you registered your domestic partnership. Inheritances and gifts to 1 spouse or domestic partner, even during the marriage or domestic partnership, are also separate property.

legalzoom

Failure to complete your divorce paperwork will stop your divorce proceeding. Whether or not your husband responds to your petition, you are required to file certain documents, including income, asset and debt disclosures, ...If you fail to file any of these forms, the court will not enter a divorce judgment. Continued inaction will ultimately lead the court to dismiss the petition for divorce whether or not the six-month waiting period has passed.


Documents Filed (Filing dates listed in descending order)
01/31/2017 Stipulation & Order
01/25/2017 Declaration (filed by Stan J. Katz, Ph.D. )
01/17/2017 Order
01/17/2017 Request
01/09/2017 Notice-Lodging  -  (Request to appoint minors' counsel and custody evaluator - Dr. Katz)
Filed by Petitioner
01/09/2017 Stipulation & Order (Honorable John W. Ouderkirk (Ret) )

1 comment:

  1. Fussy , look closely , the status is : "back up offers accepted"
    Pending (Backup Offers Accepted)
    Listing Information
    Possession: Close Of Escrow
    https://www.redfin.com/CA/Los-Angeles/2000-De-Mille-Dr-90027/home/8103030

    Status: Back Up Offer
    http://www.theagencyre.com/listing/17215084-2000-de-mille-dr-los-angeles-city-ca-90027/

    This home had the best publicity ever ( nr 2 all time views since the listing)
    ACTIVITY ON ZILLOW

    Days on Zillow: 19 days on Zillow
    Views since listing: 7,149
    All time views: 2
    117 shoppers saved this home

    https://www.zillow.com/homedetails/2000-De-Mille-Dr-Los-Angeles-CA-90027/51585913_zpid/

    ReplyDelete