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2 Answers | Asked in Divorce and Real Estate Law for California on
Q: I am married I want to get divorced. We have a morgage together. I dont want money from the house. i just want to leave.

He makes majority of the income. i heard something about a quick deed. how can I get out of the morgage?

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answered on May 16, 2020

A quick claim deed transfers your rights on the property to your husband but that act alone does not relieve you of your mortgage obligation. The best course of action is. Not to give up on your rights to the property. Have your lawyer enforce your marital rights to the property and then... View More

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1 Answer | Asked in Landlord - Tenant for California on
Q: Can I be placed in another home this house has mold I called property management several times but they don't come out

There's a busted pipe in the wall they started to work on it about a year ago but haven't worked on it for about 10 months now

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answered on May 16, 2020

You need to write a complaint letter to management or owner. If no answer, within a reasonable period of time, then call the city inspector. If nothing happens after this, then call a housing problem lawyer (Tenant Lawyer). You have a right to Live in a habitable House or apartment. Your... View More

1 Answer | Asked in Real Estate Law for California on
Q: I and my husband have a trust, which includes our house. The mortgage is only on me. What happens to the house if I die?

The mortgage we have on the house is only on me, as I am working. My husband retired. But we have common bank accounts. What happens if I die? Can my husband continue to pay the mortgage?

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answered on May 16, 2020

When you created your trust, your property was transferred to the trust(hopefully). Your Trustee will follow the instructions you left in your trust. If you do not remember them, please call your kawyer for a review. Best of luck.

2 Answers | Asked in Consumer Law, Contracts and Real Estate Law for California on
Q: Contractor malpractice on hazardous material

in Calfornia, a general contractor was hired for condo remodeling.

The condo is contaminated to the extent beyond living and the clean up bill from is hefty. Shall the owner be responsible for the bill only?

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answered on May 16, 2020

Did the homeowner’s association know of the Asbestos prior to your purchase of Thr condominium? Was this fact disclosed to you in your closing documents? We’re you aware of the asbestos issue prior to construction? These and many more questions would be raised in a litigation against the... View More

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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... View More

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answered on May 13, 2020

Covid 19 is a first in a litany of cases that will ensue in the future, however the theory for your friend’s termination of the lease is not new. The first that comes to mind is Frustration of purpose. Your friend”s only reason he signed the lease was because he was attending the San Diego... View More

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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... View More

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answered on May 13, 2020

Yes, it is as simple a process as you can make it. But if there is a disagreement as to value or FMV then you will have to get an attorney ASAP. Best of luck.

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4 Answers | Asked in Personal Injury, Civil Litigation and Libel & Slander for California on
Q: What kind of lawyer would I need for suing an ex boss

I was let go because of false accusations made my a third party from my job. My boss refused to pay me because of an outstanding loan because he applied it to that. I told him he can’t do such and I would file a wage claim. Once he received the conference notice he filed a police report saying I... View More

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answered on May 12, 2020

The lawsuit would be for Libel and Defamation. You need to have proof of your innocence and it is very expensive to litigate. By now he has provided a lot of documentation that would be used against you in a court of law. Best of luck.

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1 Answer | Asked in Criminal Law and Domestic Violence on
Q: I need serious help, my brother is intimidating me about wanting to beat me up till I wish I wouldn't live

Hello I am 16 years old and I need serious help, my older brother who is 20 years old is intimidating me and I'm scared. It all started when I didn't follow his command, something that he could do himself, and I said that you do that and then he said that he would beat me up that I wish I... View More

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answered on May 12, 2020

If your mother will not help you, call the Department of Child Protective Services and ask them to intervene. Best of luck.

1 Answer | Asked in Civil Rights, Landlord - Tenant and Small Claims for California on
Q: My landlord gave me a 60 day notice of termination my 60 days is up now she says she's coming with the cops to lock me

Out and tow my car can she do that without legally evicting me through the courts

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answered on May 7, 2020

No. She is bluffing. She has to go to Court to legally evict you. Best of luck.

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: California: Can she alter the terms of the trust and refuse to sign the deed?

My oldest sister is the trustee of my mother’s trust. The only item in the trust is my mother’s home. The trust terms are that the home is divided equally among my two sisters and myself. There is an existing mortgage on the home. We have agreed I may purchase the home and buy out their... View More

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answered on May 7, 2020

This is how you should resolve this issue. Find out via an appraiser what is the FMV of your mother’s house. Assume that the price is $800,000.00. assume the mortgage owed is $200,000. After sale of the house, the mortgage of $200k has to be repaid to the bank. That leaves $ 600,000.00 to be... View More

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2 Answers | Asked in Contracts and Landlord - Tenant for California on
Q: I need help breaking my lease so that I can move. I cannot afford the rent. It is rent or food. What options do I have?

I live in San Clemente, CA.

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answered on May 6, 2020

You and family must eat. So, that is your choice, however under the Covid 19 resolution you can ask for a rent reduction. If you cannot pay your rent after the two months, you will eventually get evicted. Talk to your landlord and proposed a repayment plan and current rent. Best of luck.

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2 Answers | Asked in Domestic Violence for California on
Q: My husband committed domestic violence. He has no status he has court, my question is will he get deported?

He did it under the influence of alcohol we are currently separated because a protection slip.

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answered on May 6, 2020

I do not think he will get deported. He will most likely get a Restraining Order. This will affect him when he applies for residency In the future. Best of luck.

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3 Answers | Asked in Criminal Law for California on
Q: I'm being accused of putting my hands on a female which is a false claim. Can I press charges against her for that?
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answered on May 6, 2020

You have a right to present your defense at your court hearing. If she filed a police report, most likely she got a temporary restraining order against you. In the event you were not restrained by the police, then you may have a right to file a civil case for defamatory statements that caused you... View More

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1 Answer | Asked in Real Estate Law for California on
Q: I live on a property owned by my mother in law. She dies and I find out she hasn't paid the taxes on the place for 5 yr.

I paid taxes now for 4 years plus back taxes. Her son now wants to sell place . can he or do I get reimbursed for money spent

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answered on May 2, 2020

Check the will or Trust instructions if any. Not enough information. Best of luck.

1 Answer | Asked in Real Estate Law for California on
Q: transferring title of California property to trust , keeping me as trustee? something I can do at rec. Office
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answered on Apr 28, 2020

No. You are the trustor. The trustee will be the person in charge of managing the estate after you pass away. You, as the Trustor, have the ability to change your trust right up to the date before your death. These type of trusts are called revocable trusts. Best of luck.

1 Answer | Asked in Landlord - Tenant for California on
Q: landlord wouldn't fix my window and glass door for a year

landlord wouldn't fix my window and glass door for a year.significant heat lost on winter months causing higher energy bills. uninhabitable living conditions.

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answered on Apr 28, 2020

In the future, any tenant experiencing a house or apartment problem should write to the landlord explaining the problem and asking for correction. If after a reasonable stood of time, there is no response, then the tenant should complain to the city housing inspection department. After the... View More

1 Answer | Asked in Real Estate Law for California on
Q: Can someone force you out of the property when the property is jointly held

I and my dad were jointly held the property 8 years ago. The property was also paid off at that time. My parents are getting a divorce due to my dad has another woman. My dad hates me for exposing his relationship. He hired an attorney for his divorce case. He proposed on the settlement that 50% of... View More

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answered on Apr 28, 2020

This issue is very complicated one and it is the type that requires title research and analysis. A blanket answer may subject an attorney to malpractice. I recommend you hire an attorney to discuss this issue with you. Best of luck.

1 Answer | Asked in Landlord - Tenant for California on
Q: Landlord demands removal of my own window a/c or eviction. Anything I can do?

I have been using my own window installed a/c for many years.

The building is under exterior renovation and I was given an option- remove a/c or be evicted.

Even after I pleaded that I need an a/c to keep cool for medical reasons (I have MS)- the answer was the same.

I am... View More

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answered on Apr 25, 2020

Ask your Lanlord if he is going to provide central A/C. Or if he is going to provide you with a hotel while he finishes his outside repairs. If the answer is no, then hire an attorney to file a warranty of habitability against your landlord. Best of luck.

5 Answers | Asked in Personal Injury for California on
Q: After being injured by vehicle causing a hip to be broken a time in convelecense home. There insurance should pay my co

Cost. SS took money from my account so why does my apt. Say I owe them back rent when gone. Isn't that their insurance problem?

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answered on Apr 25, 2020

Your question is unclear. Did you file a lawsuit? We’re you told you had a recovery? Do you have a lawyer?

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2 Answers | Asked in Personal Injury for California on
Q: If you brake a hip and spend 3 mins in hospital because someone didn't see me running me over with his truck. My ss

Check was used. To help pay bill. My apartment. Manager wants my back rent with latefee added on. Shouldn't insurance pay that. I have no money to pay.

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answered on Apr 25, 2020

Thank you for clarifying your question. You can delay paying medical bills. Do not use your SS benefits check for medical expenses. Use it to pay rent. Generally, there is no excuse for non-payment of rent, however, you can ask the court to allow you to pay current rent and to pay back rent in... View More

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