house while we are in our marriage or even we want to get divorce . am I right?
we have been married for 7 years.
there is morgage at this house
we were married when he bought it
Thanks
If the house was purchased during the marriage it is community property. Putting his own name on title doesn't change that. If you sign an interspousal grant deed and you understand its meaning, then yes, the result is that the property is no longer community property to be divided in the... Read more »
They put on my divorce papers that there was already a case under that name but she says she should not have gone that route and wants to sign mine, have no idea what we are supposed to do now.
What difference does it make? You both want a divorce. You both filed. The court has designated her filing as the "lead" case. Just proceed as you would have anyway. Complete the same paperwork under her case number, including whatever agreement you have reached. It might make... Read more »
Does my wife have any rights to the 50% of that $80000?
It depends. What was the intent of that check? Was it intended as a gift to you? Was it intended as a gift to you and your wife; i.e. as a gift to the community? Was it intended as a gift to assist with the purchase of marital property? Was it intended as a loan to be paid back? If the... Read more »
Maybe. You haven’t really provided enough information here for any real analysis.
names on the deed and he wants me to sign a quitclaim deed do i have to ?
If he was awarded the property 100% and you were ordered to sign a quit claim deed, then of course that is what you have to do. Is there a reason why you do not want to comply with this particular court order? If there is also an outstanding mortgage (loan balance) on the property, he must also... Read more »
Me to leave. Joint custody with the child. Doesnt want state involvement. I am scared to leave our child with him because he wont change a poo diaper. I have caught him listening to heavy metal with our son in the car. I know he has exposed him to TV, something we agreed not to do. He uses his... Read more »
I don't know what you mean when you say he doesn't want "state involvement". If you are going through a divorce and you are not knowledgeable about the law or your rights or how the process works, you should hire an attorney. Contrary to what appears to be popular opinion,... Read more »
We're trying to find a way to not have to split the retirement funds after a divorce. We know California is community property state but is there any way around it?
You can simply stipulate to waiving your interests in each other's retirement/pension/401k, etc. You can include this agreement in your judgment.
https://www.courts.ca.gov/17976.htm
Informal agreements between parents are not legally enforceable. It's certainly admirable to work with the other parent regarding custody and support issues, but if either parent fails to comply with any such informal agreement, there's not much you can do about it when there is no court... Read more »
"Conflict?" What is your perceived basis for a conflict of interest?
Soon to be ex left with kids to AZ. She left me with a house in California we cannot afford. I need it gone before foreclosure. How can I get her to make the payments for a few months? She lives with her parents and teaches. She REFUSES to sign realtor contract just to be mean. I feel helpless.... Read more »
As long as there is no legal action pending (i.e. a divorce) and as long as you are not represented by counsel, you are helpless. The first step towards getting control over the situation is getting court orders. Start by filing a petition for dissolution.
My gf wants to get away from the biological father because he yells at her. The child gets dropped off to the dad, but only the biological dad's wife takes care of the child only. My gf only have the child be dropped off and does not want to get any child support from the biological dad. The... Read more »
If she wants "full custody" she'll need to ask for it. i.e. she'll need to start a parentage (aka paternity) action and ask for custody orders as a part of that action. Financial support is for the child; not for the parent. Mom cannot waive child support. You have not... Read more »
Get half of what? If you are referring to Community property, then yes, she is entitled to her one-half share of community property
We are married 17yrs. My mother and sister are currently on the deed of a $700,000.00 property. When my mother passes I will inherit her half of the property. What are my wife's rights to the property if my mother dies either before the divorce or after?
Property acquired by inheritance is the separate property of the beneficiary. If that property is acquired during the marriage (before date of separation), and if community property is then used to make mortgage payments on that property or used to improve the property, increasing its value, the... Read more »
My mom passed 5 years ago. I am the oldest, I have 3 half siblings that are US citizens, i am not. Mom left no will. The house was paid for. No taxes are owed.
I would assume, 5 years after the fact, that her estate has already been probated and the property already distributed. This is assuming someone filed a probate action at the time of or shortly after her death. You should investigate that first.
I have been living and working in Vietnam for the last 3 years. Last year while on vacation my Vietnamese girlfriend and I got married in California. She has a Taiwanese passport so we didn't need a Visa or fiancee visa. Now she wants a divorce and neither of us have been living in California... Read more »
The only way you can qualify to file for divorce in California is if you meet the statutory residency requirements, which it sounds like you don't. As you do not live in California and you have not lived here for more than 3 years and it does not sound like you have any plans to live here in... Read more »
I just turned in my "Schedule of Assets and Debts" paperwork...
You can’t force her to change her name.
I left my husband after 8 years of marriage and 11 affairs. I tried everything to fix my marriage including marriage counseling but it was irreparable. We split 50/50 custody of my 3 kids, (ages 12, 11 & 5) I don't receive any monetary help from him but I am struggling to make ends meet.... Read more »
Yes you do. How much that will be depends on numerous statutory factors. For spousal support it depends in part on lifestyle during the marriage, the income of each party, incomes during the marriage and how much each spouse contributed to maintaining the lifestyle to which you became accustomed... Read more »
Of course not. If you had even 1% custody of your child it would not be appropriate for the other parent to keep the child from you or to hide her.
If husband suddenly stops sending me money as we agreed, can I ask a lawyer to help me sue him?
The question isn't whether it's "legal", but whether it is legally enforceable. While it's not enforceable as a court order, because it is not a court order, it could be enforceable as a legally binding contract. Without seeing the document it is impossible to say whether... Read more »
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