Answers - Legal

Community Property

California is a community property state. All property that is purchased or acquired during marriage, or transmuted (converted) to community property during marriage is community property.

The husband and wife in a marriage, each own an undivide

According to USFDA, a combination product is one composed of any combination of a drug and device; biological product and device; drug and biological product

d one half interest in all community property of the marriage.

Community property is not divided, unless divorce proceedings are initiated, or upon the death of either the husband or wife.

Community property can be either real property or personal property. Community property can

; or drug, device, and biological product and fixed dose combination would include two or more combinations of drug.

Examples of combination products may in

also be businesses, pension plans, or any other type of tangible thing that is acquired during marriage.

Community property is ordinarily one of the major issues involved in divorce actions.

Quasi Community Property

Quasi community property is property that is ac

lude drug-coated devices, drugs packaged with delivery devices in medical kits, and drugs and devices packaged separately but intended to be used together.

uired outside of the state of California during marriage. Although married couples may have purchased property in a state that is not a community property state like California, the property will basically be treated as though it were community property for purposes division in a di

here is enormous increase in the number of combination products entering the market in the recent years. Combination products have proven advantages but fixe

vorce action in the state of California.

Businesses

Businesses that were started during a marriage are community property. In some instances a person may have owned an existing business before they were married, and continue the business after marriage. In a div

d dose combinations are still in the process of convincing regulatory authority on their advantages over the single ingredient formulations.

Combination pro

orce action, the courts will allocate a percentage of value to the business "after marriage" to determine which portion of the business is community property.

If you owned an existing business before marriage, it is extremely important for you to consult with an attorney in a divor

ucts have become life saving products for the pharmaceutical companies who doesn’t have many innovative molecules in their product pipeline and have been inc

e action as soon as possible.

Pensions

Any portion of Pensions, IRA's, 401(k) s, Retirement plans, etc., that were contributed during marriage are community property.

Ordinarily the funds from pension plans are not obtainable until the pension plan vests and matu

easingly used in the product life cycle management. Even the companies having product patents are trying to extend their product life cycle through the combi

res. Therefore special orders are necessary from the court so that each party is able to get their portion of any retirement plan after it matures and vests. These orders are ordinarily called qualified domestic relations orders or QDRO's for short.

Obviously parties to a divorce h

nation products and maximize the revenues. But the companies involved in this practice are overlooking that they are burdening the patients both economically

ave a vested interest in ensuring that they get their fair portion of any pension or retirement plans after a divorce.

Community Income, Bank Accounts, Stock, and Investments

All income earned during a marriage is considered community income. This is true even in

and physically. They need to rightly judge the benefits of the combination products and they have to even look at the risks involved when combining the produ

ne of the parties to a marriage earns money in a business that was theirs prior to marriage. Community income is the same as community property, in that each party owns a one half undivided interest in community income.

Each party to the marriage has a right to spend and use commun

ts. Some of the combination products were well accepted by physicians while others suffered. Companies involved in development of combination products are fi

ity income, even if they are not the one that earned the money. However, after legal separation or the initiation of divorce proceedings, parties may only use community property for the necessities of life and to pay their attorney.

Likewise, any bank accounts, stock, and/or invest

ding difficulty in defining their combination products and facing various challenges from selecting a combination to marketing it.

Following aspects would a

ments that are acquired during the marriage are also community property. This is true even if the bank account, stock, and/or investment is only in the name of one of the parties.

Some parties try to secret money into separate bank accounts during marriage, and/or hide assets there

dd to the challenges in developing combination products:

Which markets to tap where the combination products can do fairly well?
Which combination prod

were acquired during marriage from the other party.

If you are a party in a divorce action, you have what is called a fiduciary duty of disclosure. What this means is that you must disclose all assets, bank accounts, and other of the investments that were acquired during the marria

cts are meaningful and rational?
Which therapeutic categories to select?
Which Combinations can address unmet needs of the patients?
Do combin

ge to the other party. If you fail to fully disclose your assets and/or income to the court and the other party, the court could severely punish you.

You may have read about the case where a wife won the lottery, and then initiated divorce proceedings against her husband. She faile

tions increase the patient compliance?
What would be the developing cost?
How to tackle the risks encountered during combination product developmen

d to inform the court and her husband about the fact that she won the lottery. As punishment for her failure to disclose the fact that she won the lottery, the court gave her husband the entire amount of the lottery winnings.

Separate Property

Separate property is

t?

As combination products don't fit into the traditional categories of drugs, medical devices, or biological products, the USFDA is in the process of devel

all property that was acquired before marriage; during marriage by devise, will, or inheritance; and after legal separation. The proceeds from a personal-injury judgment or settlement are also separate property, even if they were received during marriage.

Upon the court making a fi

ping new procedures for reviewing their safety, efficacy and quality.

Professional from academic institutions, pharmaceutical industries, health care indust

nding that property is separate property, the person owning said separate property will leave the marriage with their separate property.

Separate property can be transmuted (converted) to community property by intent, or by inadvertence. For instance, a party may have a separate ba

y and representatives from various regulatory agencies are working out to design the regulatory requirements for manufacture and sale of combination products

nk account before marriage that would be considered separate property. If the party then takes income that was earned during marriage and deposits that money into their separate bank account, they may have by inadvertence converted that bank account to community property.

Obviously

.

As there is an increasing trend of the combination products companies manufacturing such products should be able to tackle the problems involved in the de

parties in a divorce proceeding will most likely want to keep their own separate property after the divorce is over. It is very important for you to contact an attorney with regard to the issue of separate property to ensure that you get to keep her separate property after the divo

elopment. They need to be wiser in analyzing the market trends and the regulatory requirements.

Companies that provide selfless information through particip

rce.

If you are contemplating filing for divorce or are presently involved in a divorce proceeding, you may call our law firm for a free consultation at 818-739-1544 ext. 10, or go to our family law website at http://www.divorce-legal.net .

By Norman Gregory Fernandez, Esq., © 200

tion in industry events and feedback to regulatory authorities would be able to face the challenges and will be successful in developing combination products

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