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Questions Answered by Marco Antonio Torres
2 Answers | Asked in Contracts and Real Estate Law for California on
Q: I signed a lease for six months and want to get out in three. How do I go about that?
Marco Antonio Torres
Marco Antonio Torres answered on Jun 10, 2020

Depends on your lease and whether it has an early exit clause and/or a defect that the lease would be rendered invalid. We don’t have enough information to give more specific information- but if neither of the above exists then your best bet may be to negotiate an early exist payment.

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1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: I pay child support to my ex for our daughter, she has sole physical and legal custody of her. Today the judge approved

for me to have temporary custody of my daughter, pending our custody court date. My question is, do I call child support and ask them to stop payments to my ex, since my daughter is in my custody for 2 months? Our custody court date is set for August 3rd. Or do I have to allow them to keep... Read more »

Marco Antonio Torres
Marco Antonio Torres answered on Jun 3, 2020

In order to stop the child support garnishment you need to file for modification of child support and it will only be modified after a court order. Any modification entered after the filing of the request for modification will be retroactive to the date of filing and you will be entitled to a... Read more »

1 Answer | Asked in Family Law and Real Estate Law for California on
Q: how may I lift a DVRO that requires me to move out of my home while the title is being contested in quiet tile case?
Marco Antonio Torres
Marco Antonio Torres answered on May 30, 2020

There is insufficient information to determine where you are in the DVRO process - is it a temporary restraining order pending a hearing or has a hearing been held and a restraining order after hearing been entered. If the DVRO is currently temporary then you will need to successfully defend the... Read more »

1 Answer | Asked in Divorce for California on
Q: My fiancée got divorced and he is in the Phils. He asked me to avail a copy of his divorce and I was able to do that but

When we got the decree his last name was misspelled .. what shall we do to correct this?

Marco Antonio Torres
Marco Antonio Torres answered on May 26, 2020

It’s unclear from the post if the error is only in the judgment or an error throughout the court proceeding.

In any event, your fiancé will want to file a motion to correct the clerical error. In California he would file a Request for Order requesting correction of the misspelled name-...
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1 Answer | Asked in Family Law for California on
Q: A friend has lived with her boyfriend for about 9 years. She became handicapped and now he wants her out.

Shortly after moving in together she became ill and later had to leave employment. Prior to that she made his house a home and contributed financially. Now he wants his old life back and wants to throw her out of the house. She needs 24 hour care and does not know what her rights are.

Marco Antonio Torres
Marco Antonio Torres answered on May 26, 2020

There are insufficient facts in your post. Nevertheless, If your friend is in California then she may look into the following:

1) A “Marvin” action; and

2) Putative spouse doctrine.

Finally, California does not recognize common law marriage (but does allow for divorce...
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1 Answer | Asked in Child Support and Divorce for California on
Q: I have a question im separated from my hisband not yet divorce and he is forcing me to pay him the half of the last mont

Wich is 1,600 and he wants 800 but has not give me anything for the kids i have three kids so now i have to pay the rent by myself and support my children and he is no longer living with me what do you suggest me to do go put child support i do t know what to do

Marco Antonio Torres
Marco Antonio Torres answered on May 24, 2020

It unclear from your post if the rent has already been paid and he is asking for a reimbursement for the rent that was paid for the month of May or a reimbursement for the last month rent/security deposit.

Filing for child support is a start. Moreover, if you file for divorce you could...
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1 Answer | Asked in Child Custody for California on
Q: Have an order in place in a custody matter; just transferred jurisdiction. Do we continue w current order or start over?

Have had a TX order since 2012, just transferred jurisdiction to CA. Do we follow the current TX order or do we have to start from scratch and there is no order to follow?

Marco Antonio Torres
Marco Antonio Torres answered on May 23, 2020

Unless the Texas court order says otherwise, which would be out of the ordinary, it remains in force. If you choose to modify the Texas court order you may be able to do so in California, or alternatively return to a Texas court for modification.

3 Answers | Asked in Real Estate Law for California on
Q: Can I sue a bank for not releasing the lien on my house?House was paid on 12/31/19.Resulted to escrow not close on 3/20.

Up to this time. I have called multiple times and we’re give different and wrong information. Do I have a case or not?

Marco Antonio Torres
Marco Antonio Torres answered on May 23, 2020

You have not provided any details regarding what damages you sustained - but To answer your questions, a lawsuit for damages may be warranted to, at a minimum, force the reconveyance of the Deed of Trust.

California Civil Code 2941, in relevant part:

(b)(1) Within 30 calendar...
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3 Answers | Asked in Consumer Law for California on
Q: Can i win this law suit?

I just recently moved from Kansas City to San Diego

I hired a car moving company to move my car from kc to San Diego

when the car arrived its bumper was completely gone, when i confronted them about this they claimed the bumper "was loose"

When i made the claim to... Read more »

Marco Antonio Torres
Marco Antonio Torres answered on May 23, 2020

I agree with Mr. Light - your damages are at present the deductible you paid ahead of any claim paid by the insurance company. Let the insurance company do the heavy lift on this. If the insurance companies decided not to pursue the moving company and/or doesn’t recover enough to cover the... Read more »

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2 Answers | Asked in Family Law for California on
Q: I want to know If I file for a legal separation , can I seek Income from my husband?
Marco Antonio Torres
Marco Antonio Torres answered on May 23, 2020

I agree with Mr. Darlington - you can seek to obtain spousal support. As an added note- if you file a petition for legal separation and your spouse can respond by requesting a dissolution of the marriage (i.e. a divorce).

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2 Answers | Asked in Criminal Law and Family Law for California on
Q: Do I have grounds to get a temporary restraining order?

My daughters step mother is sending threatening text messages to me directly such as, “I know where you live” “let’s go b*” “One punch you’re gone” and other vulgar messages. It’s been going on for two days and I’m afraid she’ll act on it or hurt my daughter. I have all of the... Read more »

Marco Antonio Torres
Marco Antonio Torres answered on May 16, 2020

You can make a very good case before to get a temporary restraining order.

The court focuses on whether there is a credible threat of violence that would place a reasonable person in fear for his or her safety or the safety of his or her immediate family, and that serves no legitimate...
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2 Answers | Asked in Divorce for California on
Q: My ex husband refuses to buy me out for my half of the house. What is my recourse?

The divorce was in 2010. According to the decree, he was to live in the house and by the end of two years, he was to sell, or buy me out for my half of the house. It has been ten years. He got sick with ms, so I was patient but now my new husband just died and I can't wait any more. My... Read more »

Marco Antonio Torres
Marco Antonio Torres answered on May 14, 2020

You can file a motion with for an order to sell the home and/or for an Order for Contempt for failure to perform pursuant to the terms of the settlement agreement. Whether he thinks you are entitled to half of the house is not relevant - the court's order is not subject to what he believes.... Read more »

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1 Answer | Asked in Child Custody and Family Law for California on
Q: If my sons father is on parole for penal codes 261(a)(2) and 207 will he be allowed joint custody?

He wears an ankle monitor and isnt allowed near schools or places children frequents

Marco Antonio Torres
Marco Antonio Torres answered on May 13, 2020

It is possible - however those are serious convictions which may give a judge pause to order visitation without supervision if you contest a request for joint custody whether it be legal and or physical.

If your goal is to challenge it you will need to establish why it’s in the child’s...
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2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for California on
Q: Covid19: unable to start newly signed apt. lease. College student moved home in March and can't return for summer/fall.

A friend of ours is a student at San Diego State, but had to move home in March because of Covid-19. Anticipating returning for school in the summer/fall semesters, he recently signed an apartment lease (w/No deposit yet) with three other students. However, California State schools have just... Read more »

Marco Antonio Torres
Marco Antonio Torres answered on May 13, 2020

If the lease has been fully executed and there is no early termination clause or some other termination clause then it appears you have a tenancy for the term of the lease. This is the exact purpose of a lease - to provide the landlord and tenant certainty for a set price and term.

Best...
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3 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for California on
Q: Can I be held responsible if I give proper notice to everyone (landlord & roommates) but roommates won't leave?

I'm the only one on lease but landlord was informed about roommates but didn't have them fill out applications. I'm in california lived here 6 years and am on a month to month lease. If I move completely out and gave proper notices to everyone can landlord sue me if roommates dont... Read more »

Marco Antonio Torres
Marco Antonio Torres answered on May 13, 2020

The landlord can initiate an unlawful detainer against you and the remaining subtenants if you issue a 30 day notice to terminate the tenancy and your subtenants do not move out on or before your termination date.

You would be well served to initiate the termination of your...
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4 Answers | Asked in Real Estate Law for California on
Q: My husband and I would like to sell our 2 rental properties. We are 50/50 owners with a friend

We plan on moving out of CA within next few years and would like to sell. Our partner would like to hold on to them and buy us out. Is this a simple process? Can we just agree on a price and move title over to him and he buy us out? Or is there a lot more involved? We have been splitting... Read more »

Marco Antonio Torres
Marco Antonio Torres answered on May 13, 2020

It should be a simple process if you all parties involved can arrive at an agreed upon sale/purchase price. However, be mindful that there could be tax consequences - you should speak with your tax accountant to determine what they may be and if you should consider doing a tax deferring IRC Sect.... Read more »

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2 Answers | Asked in Real Estate Law for California on
Q: Does a majority owner of a property need permission from a minority owner(s) to sell the property?
Marco Antonio Torres
Marco Antonio Torres answered on May 13, 2020

The majority owner can not obligate the minority owner(s) to sell the property if the owner's are listed on the deed individually (i.e. the property is not owned by an entity such as an LLC, Corp., LP, etc.). Should the majority owner enter into a Purchase & Sale Agreement regarding the... Read more »

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1 Answer | Asked in Child Support and Family Law for California on
Q: Im about to buy a home with my girlfriend and wanted to know if her income can affect the amount of support I pay child?

I have child support court on July 7 and live with my girlfriend and our child but will have to start paying child support. Will her income effect how much support I will have to pay? What if we split bills and share income will judge consider I have more income ?

Marco Antonio Torres
Marco Antonio Torres answered on May 10, 2020

No - your girlfriend’s income has does not affect prospective child support. The judge will consider your income, expenses albeit are a part of the I NBC one and expense declaration, generally do not affect child support calculations.

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