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Questions Answered by Tobie Brina Waxman
1 Answer | Asked in Real Estate Law for California on
Q: My husband asked me to sign "Interspousal Grant Deed" for a house he bought, signing it means I have no rights on this h

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

Tobie Brina Waxman
Tobie Brina Waxman answered on Dec 4, 2020

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 »

1 Answer | Asked in Divorce for California on
Q: I filed for divorce but my wife did too, now shes willing to sign mine but the court is using hers what do I do

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.

Tobie Brina Waxman
Tobie Brina Waxman answered on Dec 2, 2020

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 »

1 Answer | Asked in Divorce for California on
Q: I'm currently going through a divorce, my parents gave $80000 to put down on a house (cheque was made only in my name)

Does my wife have any rights to the 50% of that $80000?

Tobie Brina Waxman
Tobie Brina Waxman answered on Nov 27, 2020

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 »

2 Answers | Asked in Medical Malpractice for California on
Q: Incorrect/Delayed diagnosis resulted in extra expenses/delayed treatment/prolonged recovery; would this be malpractice?
Tobie Brina Waxman
Tobie Brina Waxman answered on Nov 21, 2020

Maybe. You haven’t really provided enough information here for any real analysis.

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1 Answer | Asked in Divorce for California on
Q: hello as part of our dissolution of marriage my husband was awarded 100 % interest in our residence it has both our

names on the deed and he wants me to sign a quitclaim deed do i have to ?

Tobie Brina Waxman
Tobie Brina Waxman answered on Nov 20, 2020

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 »

2 Answers | Asked in Divorce for California on
Q: Married 3 years. He bought the property before our marraige. My name is on it. He wants my name off and wants divorce.

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 »

Tobie Brina Waxman
Tobie Brina Waxman answered on Nov 17, 2020

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 »

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3 Answers | Asked in Divorce for California on
Q: How do you protect a pension in divorce?

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?

Tobie Brina Waxman
Tobie Brina Waxman answered on Nov 17, 2020

You can simply stipulate to waiving your interests in each other's retirement/pension/401k, etc. You can include this agreement in your judgment.

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1 Answer | Asked in Family Law for California on
Q: I would like help filing something for grandparent visitation . They live in Monterey county.
Tobie Brina Waxman
Tobie Brina Waxman answered on Nov 9, 2020

https://www.courts.ca.gov/17976.htm

1 Answer | Asked in Family Law for California on
Q: I have agreed upon visitation with my daughters mom. Now she is saying I can't see her this week. I'm in Ca
Tobie Brina Waxman
Tobie Brina Waxman answered on Nov 5, 2020

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 »

2 Answers | Asked in Divorce for California on
Q: So me and my husband are getting a divorce but I noticed that my husband's new fiance is a court recorder isn't that a c
Tobie Brina Waxman
Tobie Brina Waxman answered on Oct 29, 2020

"Conflict?" What is your perceived basis for a conflict of interest?

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1 Answer | Asked in Bankruptcy, Divorce, Family Law and Foreclosure for California on
Q: My soon to be ex left the state with the kids. She left me in a house we cannot afford in California. I also want to go.

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 »

Tobie Brina Waxman
Tobie Brina Waxman answered on Oct 21, 2020

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.

1 Answer | Asked in Child Custody and Family Law for California on
Q: Could my gf get full custody from the biological dad who is legally married, double her age, and have children?

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 »

Tobie Brina Waxman
Tobie Brina Waxman answered on Oct 20, 2020

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 »

1 Answer | Asked in Divorce for California on
Q: Can a wife get half if she’s on section 8 and disability
Tobie Brina Waxman
Tobie Brina Waxman answered on Oct 15, 2020

Get half of what? If you are referring to Community property, then yes, she is entitled to her one-half share of community property

1 Answer | Asked in Divorce for California on
Q: Does my wife have rights to my family property that I will inherit when my 90yo mother passes before/after a divorce?

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?

Tobie Brina Waxman
Tobie Brina Waxman answered on Oct 14, 2020

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 »

4 Answers | Asked in Estate Planning and Probate for California on
Q: If I'm a Mexican citizen and my mom died in CA without a will in place... can i claim her property?

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.

Tobie Brina Waxman
Tobie Brina Waxman answered on Oct 13, 2020

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.

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2 Answers | Asked in Divorce for California on
Q: how do I get a divorce in California from my vietnamese wife while we both are living in Vietnam.

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 »

Tobie Brina Waxman
Tobie Brina Waxman answered on Oct 13, 2020

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 »

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2 Answers | Asked in Divorce for California on
Q: My divorce is almost complete, I don't want her to use my last name anymore, how do I do that, is there a certain paper?

I just turned in my "Schedule of Assets and Debts" paperwork...

Tobie Brina Waxman
Tobie Brina Waxman answered on Sep 10, 2020

You can’t force her to change her name.

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3 Answers | Asked in Child Support and Divorce for California on
Q: I am recently separated and I need to file for divorce.

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 »

Tobie Brina Waxman
Tobie Brina Waxman answered on Sep 10, 2020

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 »

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1 Answer | Asked in Child Custody for California on
Q: If I have 50% custody of my child can my significant other keep her away from me and in hiding
Tobie Brina Waxman
Tobie Brina Waxman answered on Sep 10, 2020

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.

1 Answer | Asked in Family Law for California on
Q: Husband and I signed a notarized separation agreement, but we didnt file separation. Is this agreement legal?

If husband suddenly stops sending me money as we agreed, can I ask a lawyer to help me sue him?

Tobie Brina Waxman
Tobie Brina Waxman answered on Sep 10, 2020

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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