You do not indicate enough facts. It does not matter necessarily how things are titled but when those items were acquired. The relevant time periods are (a) before marriage, (b) during marriage or (c) after the date of separation but before divorce.
He got married 2 months ago and now he and his wife want to get divorced. They were married in Georgia(where he was going through AIT) and she lives in Florida, he has lived in NC all his life. Where would they need to file the paperwork? And what does he need to do?
You do not request a pre-trial motion. You file it. What kind of pre-trial motion would this be? The common ones are motion for default judgment (if no answer is filed), motion for judgment on the pleadings (if an answer is filed but there is no need for discovery) or a motion for summary...Read more »
The only survivors are my wife's aunt & her. The will is left to her aunt & father upon survivorship. Her grandmother had a decent amount of wealth and had said several times that she had put away for my wife. What does this right of survivorship mean exactly?
Possession is indicated by whose name is on the deed. If the land/plot was bought by someone and given as a gift to someone else, the gift was complete upon delivery of the deed and putting in the other's name. if the purchaser changed his/her mind later, too bad. A gift is a gift....Read more »
You do not provide enough detail. An ALJ is an administrative law judge. These usually handled federal cases, like Social Security. In such case, the ALJ would be deciding matters of federal law not state law and there would be no conflict.
ALJs are like other judges - they do not make...Read more »
No one needs a lawyer and everyone always retains the right to represent him or herself. However, you would not do brain surgery on yourself nor would you cut your own hair or repair your furnace/ac. By the same way, if you have a legal issue you would see a doctor.
File a traverse again then and see if you can get it dismissed. As a practical matter though, the grounds for a traverse are very limited. The garnishment will continue until the judgment is paid off or the debt is settled or the debt is discharged in bankruptcy or the judgment goes dormant and...Read more »
The home you had from before marriage is separate, not marital property, and is not subject to equitable distribution. The boat and camper bought after marriage is marital property. These can be awarded to you in equitable distribution as part of your share. Your wife is entitled to 1/2 of the...Read more »
We had a renter who died. She was a few days from paying rent when she passed so the family asked if they could have another month to gather her stuff and have an estate sale. After having the estate sale they left and refused payment. Also the house was left in horrible shape with lots of damage.... Read more »
Yes. You would sue the executor of the estate. Before suing, you file a claim for unpaid rent and damages with the estate (file in the court estate file AND send notice to the personal representative). If the claim is denied, then you have 90 days to sue.
A lawyer where you live cannot help you in Greenville,SC unless the lawyer is also licensed to practice law in SC. You need a traffic attorney in Greenville SC if you are charged with a traffic offense there. Your place of residence is not relevant.
Yes. You can sell the home for whatever you want to sell it for to anyone. As long as the mortgage is taken care of. There may be a gift tax issue if more than $13,000 is given to the son. There may also be an issue regarding realty transfer taxes - I don't know - I do not handle real...Read more »
No. It would be impossible as a new deed would have to be done conveying the property from you to you and your new spouse. So unless your spouse is forging documents or otherwise acting illegally, its not possible.
Nope. If there are no property, child custody/support issues, if you have lived in NC for at least 6 months and if you have lived separate and apart from your spouse for one year or more, then you can go to your county clerk and see if they have a pro se divorce packet. If your county does not...Read more »
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