what if its a wells fargo bank account and she had a wells fargo credit card?
answered on Mar 14, 2023
The funds are yours as the joint account holder.
If you did not sign a guarantee or use her credit card the creditors has no claim against you.
I have been paying 800 per month for three years and she won't sign the papers. Our divorce is uncontested and we have agreed on all of our own terms. Nothing legally has been filed. Can I stop paying my support payments to encourage her to sign?
answered on Mar 8, 2023
Although not Court Ordered
you should continue.
See an attorney as soon as possible and get him or her your tax returns last 3,years pay records & mandatory disclosure documents & her financials if you have them to determine child support.Did you & your wife sign a... Read more »
I am a signer, but have no ownership rights. Also they are asking for his personal accounts, which I am not on either. I do not have any bank accounts at this time. My minor children have savings accounts. Please help me
answered on Mar 6, 2023
Has your former husband filed a Supplemental Petition For Modification?
Have you been served?
Was there a Marital Settlement Agreement ?
Note Child Support is always modifiable as long as the child has not reached the age of 18 or 19expected to graduate High School by age 19... Read more »
One sibling verbally states they want nothing to do with the house but refuses to sign anything, has blocked me from messenger and Facebook and hangs the phone up when called by current lawyer. Unable to get answers from current lawyer, house has been in probate since 2018 and was sold 1 year ago.... Read more »
answered on Jan 13, 2023
You’re probably better off hiring your own attorney with probate litigation experience.
Was the house sold & closed?
Was the proceeds deposited in an Estate account?
What written communication was sent to your sibling?
Any petitions filed and pending?... Read more »
My wife and I want to move with our toddler. He loves grandma and grandpa but they are extremely toxic. Can they legally keep us stuck in state? (FL)
answered on Apr 25, 2022
I have litigated this issue years ago and the answer is still the same the grandparents don't have standing.
Relocation issues only involve the parents
My mother passed away in 2021. She made a Will and left my brother and me with everything. She was married before she died. Her husband is living in the home that they lived in before she died. Does the Will takes precedent over everthing?
answered on Apr 11, 2022
Was the house purchased by her before she married and whose name is on it?
Did she change the title?
I don’t receive alimony instead I receive 3k a month which is classified as equitable distribution what can I do ?
answered on Apr 10, 2022
Since the payments are not alimony or child support and classified as equitable distribution the enforcement doesn't include possible jail time.
It's a breach of contract action per your Marital Settlement Agreement which may include attorney fees and costs to the prevailing... Read more »
got sick she then changed the will Michael never got a signed copy of his will she then had it redone to leave everything to her a month before he died
answered on Apr 8, 2022
There are several grounds for a Will contest, undue influence,mental incapacity and the Carpenter case factors.
I suggest you see a probate litigation attorney such as myself.
The 2011 transfer doc states "Grantor does hereby convey and transfer unto the Grantee, heirs and assigns, the following described property.....". The original trust was created for my father and his decendants. It was controlled by a trustee, as he had many issues. We benefited... Read more »
answered on Apr 8, 2022
Who is listed as the Grantee?
If it was the Trust then it was probably settled in the agreement and you have no interest.
I am specifically talking about recording audio with his cellphone when we meet IN PERSON every time we pick up and drop off our child. We live in Florida and my ex husband has openly admitted that he records the shared custody pick up and drop off conversations without my knowledge or consent and... Read more »
answered on Apr 4, 2022
Do you use Talking parents or similar program where the conversations are monitored and recorded with prior consent by itself as a condition if you use it.
If not then each time you have a phone conversation both parties must consent unless specifically agreed to in the Parenting Agreement... Read more »
answered on Mar 31, 2022
There's no "legal separation" requirement before either party can file.
The parents can work out an agreement
regarding division of property and a parenting plan before filing which is in the best interest of your children.
Contact an attorney for further... Read more »
My ex-wife and I still live in our house. I want to sell the house. She wants to stay but says she won’t buy the house from me at a fair price and she doesn’t want to sell. The deed is in both names but the mortgage is in my name only. The home value is a lot more than what is owed and I feel... Read more »
answered on Mar 28, 2022
A Family or Real Estate experienced in partition litigation.
Alot depends if you had a Marital Settlement Agreement addressing the marital home.
Generally speaking either can force the sale via a partition action with the net proceeds being evenly divided.However, if your ex wife... Read more »
My father and mother passed away 2 years ago dad bought a home with va loan with intention of the house being mine before he could get mortgage insurance or add me to deed he passed suddenly. I have been paying mortgage payments since as the mortgage company told my brother to have me do. Now they... Read more »
answered on Feb 24, 2022
Short answer is yes.
Did your father have a will? Did he have a spouse at time of death?
If not then he died intestate and the property will go to you and your siblings. Your siblings can agree in writing to give you the property
You'll need an attorney for the probate process
answered on Feb 19, 2022
It depends on the type and value of the probate assets.
If the assets had placed in a trust there would no need to have an estate and with planning would be avoided e.g., Life Insurance passed directly to the named beneficiary (ies).
I have a question about whether my marriage is legal if I did not submit my marriage license? Me and my then partner got married in 2019 but we did not submit the license. And we are no longer together. I would like to know if that marriage is legalized and whether or not it could affect me if I... Read more »
answered on Feb 18, 2022
Check with your local county clerk where your ceremony took place and where the license was issued.Check if the license document was signed by the parties and notary and turned in.
There are many seniors that have a religious ceremony and receive a beautiful religious certificate, e.g., in... Read more »
Would the cards be stacked against me if I left our home which we rent prior to serving him with divorce papers? we have no children together and own no properties or joint accounts.
answered on Feb 15, 2022
No, especially if your mental health is suffering.The financial issues can be addressed later.
We were married at that time. I used the money for rent, bills, groceries and a semester of college for one of my kids. I paid the portion for semester back. He only put $500 towards rent monthly. Everything else was my responsibility within the 3.5 year relationship. Is the remainder legally owed... Read more »
I know he is in New York but he will not give me an address and has blocked access to all communication. We have been separated for over 14 years
answered on Oct 11, 2021
How long have you been a resident of Florida?
Did you have a written agreement at the time of your separation regarding jurisdiction?
Are there any minor children born during the marriage?
Did you and your husband have any real property in New York?
It's... Read more »
answered on Oct 11, 2021
I agree with the previous comment.
However, you didn't say what State and County your natural mother was last a resident nor did she have a will
nor if she owned a Homestead residence.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.