To claim the property you must prove (1) that the property was openly and notoriously occupied and used for the purpose it was intended(2) that you paid taxes on the property. I suspect that an adverse possession claim would fail on the tax issue [it usually does unless someone has consulted an... View More

The lender has sold or otherwise transferred the Deed of Trust (often called a mortgage by laymen) to another lender or to a foreclosure service.

The intestate (no will) succession under the Probate Code states that 100% first goes to parent. Siblings would split the money if both parents were deceased.

If your ex stole your vehicle after a divorce, you can sue him in civil court for the Blue Book value of the vehicle. You may also be awarded additional and punitive damages for what sounds like an intentional theft. This also seems like a criminal matter that can be reported to your local police... View More

It would have been preferable to investigate through the discovery process where the money was located, and resolved the issue in the judgment. If the judgment refers to 'hidden' money, it probably refers to money that you never knew existed, not assets you could not locate. You... View More

A declared homestead must be notarized. It is then recorded at the County Recorder's Office for the county where the property is located. A small filing fee is required by the Recorder.

A premises liability action may be brought by a trespasser under some circumstances of intentional, or willful and wanton acts on the part of the property owner; however, trespassers are owed the lowest duty of care of any property occupant.

Yes, you can record a declared homestead on the home you own with your spouse because it is your primary residence. Your husband cannot participate in the homestead declaration because it is not his primary residence. Choose a declared homestead form from a stationery store, or on the internet... View More

Probably not. In many states an attorney does a title search to make sure you are buying clean title from the rightful owner. In California this function is performed by a title company. If you are not using the services of a buyer's broker, I would recommend retaining an attorney to review... View More

This is an IRS form that allows transfer of the right to claim children on Federal Income Taxes from one spouse to the other. It is generally signed in exchange for somewhat higher child support.

This is not actually a bankruptcy question. It involves California Civil Procedure, but I will attempt an answer anyway.

To vacate a sister state judgment, you would generally need to attack it in the State that entered the judgment. If the entry of the judgment in California was... View More

This is a California State Judicial Council Form (numerically identified as CM-180) that should be filed if a debtor is also a defendant in a State Court lawsuit. It also needs to be served on plaintiff's attorney. The form stops the state court lawsuit pending the outcome of the bankruptcy.... View More

If you cannot settle the case, you made need to set the matter for trial. To do so you file and serve a Request to Set in most jurisdictions. In most counties setting the matter for trial requires the court clerk to also set the case for a Mandatory Settlement Conference (MSC) to be heard before... View More

(1) A restraining order is granted by the Family Division of the Superior Court if the abuser is a spouse, romantic partner, or relative (or Civil Division if not). You may apply for a restraining order on your own, or hire a private attorney to help you.

(2)A Protective Order is usually... View More

Although in most matters only an attorney can represent you, for this matter you may be entitled to an advocate. To find an advocate, contact the National Domestic Violence Hotline at 1-800-799-SAFE (799-7233) or, for TTY, 1-800-787-3224. Or go to www.ndvh.org. You can also find some guidance on... View More

You will need to contact your union to see if legal services are available as a benefit to you. Many unions do have lists of attorneys who have agreed to offer discounted rates to members. If any issues are contested or disputed, you should have separate lawyers. If you cannot afford an attorney,... View More

Pendente lite support is calculated using a rather complicated formula from the Family Code which is adjusted by local counties. It is sufficiently complex that attorneys and court staff use a computer program (DissoMaster or ExSpouse). The basic inputs are the adjusted income and specified... View More

I believe you are referring to Judicial Council Form FL-180 (Judgment)Paragraph 4 which is to be checked if some issues are being reserved (i.e., saved) for the court to decide later.

Santa Cruz County Local Rules require filing and service of local form SUPCV-1034 'Status Conference Statement' for the Status Conference. You should be able to get the form on the Santa Cruz Courts website. If you have been served with other papers in this case, those will also require... View More

A Declaration of Due Diligence is a general litigation term, not unique to family law cases. It generally refers to a declaration by a process server that a number of attempts at service of legal papers were made, and the papers could not be served by personal service. This allows service by some... View More