When he sold that house he put me on the deed. I thought it was for tax purposes. at the time.
The money is what we used to buy a new home and we had a joint checking with the remainder.
I just want to know if my name is on the rental property deed on the sale date. Then are the... View More 
answered on May 25, 2023
Property purchased prior to marriage is separate property of the person who purchased it. If title was transferred to you in a writing (such as an interspousal grant deed), then the property becomes community property as of the date of transfer. The value of the property that accumulated before... View More
Hello, my ex husband and I have joint custody for our 11 y old daughter, but she lives with me in California. He has moved to Texas few years ago. Now I would like to send her on vacation with her stepdad and stepsister. They want to go to New Zealand, but without me. Do we need his permission? Did... View More
answered on May 16, 2023
Whether you need his permission depends entirely on what your court orders say. Without having the benefit of reviewing your court orders regarding custody, it's impossible to answer this question. Contact a lawyer directly for a consultation and provide that lawyer with a copy of your court... View More
Husband wants to separate right before the 10 year mark to prevent me from any after 10 years benefit. I'm disabled.
He's been the main provider for the family ,He's been in my children life since they were 1&3 supporting them financially as well..
answered on Apr 19, 2023
Date of separation marks the end of the community. If the length of marriage form date of marriage to date of separation is less than 10 years, then yes, it can impact your rights to support and division of property. However, there are exceptions. Whether those exceptions apply in your case, I... View More
answered on Apr 19, 2023
Depends on what you mean by "illegally". Depends on what your court orders or judgment says. Depends on what percentage of custody each parent has. Did you already file your return and already claim your son as your dependent? If the court orders entitle you to claim your son, then... View More
answered on Apr 18, 2023
Ask her. Each year post judgment, the parties have the right to obtain updated financial information and the latest tax return. Serve her with FL396. Her response must include an FL150 which asks her (among other things) who she is living with and what their relationship is to her. If she is... View More
I’m wanting to file for custody of my children. I been in a marriage for 8 years. The father has been battling a drug addiction most of the relationship. He’s been staying at motels and etc. my question is, how does it work when his drug of choice is heroin. He is prescribed a pain med called... View More
answered on Apr 18, 2023
Any individual opioid test may not detect all opioids and their metabolites. The types of opioids included in an opioid test varies by medical facility, laboratory, and geographical region. A routine drug screening panel often detects only natural opioids like heroin, morphine, and codeine. I... View More
Hello.
My wife and I have been living in California Sacramento county for about 8 years and are going to divorce in CA state Sacramento county in the future. We want to start the divorce with a separation agreement and our questions are about the public notary and witnesses.
Q1: Do... View More
answered on Apr 5, 2023
If you and your spouse want to enter into a legal agreement without filing for divorce, for legal separation, or without otherwise making this agreement into an enforceable court order, to be valid, the agreement must meet the requirements of basic contract law. It must be 1) in writing, 2) there... View More
He has been married 5 years. She's mean to him. He is very tight on money with a mortgage plus accumulated debt over some years. His wife works in real estate and has a degree; she is very employable and currently still sells a house once in awhile. He is worried he will have to pay her... View More
answered on Mar 27, 2023
Every case is different. Varying circumstances impact whether someone gets spousal support and for what duration. There are numerous statutory factors considered. I don't know what has been discussed during these consultations or what information was missing from the consults that made it... View More
Both my husband and I are citizens of Brazil. We got married there in 2014. We hold real property in Brazil. We entered the US in 2018 as tourists and stayed. We are out of status. We have been residents of CA for 5 years. We only hold personal property here. For immigration purposes, should we get... View More
answered on Mar 27, 2023
I can't speak to immigration issues, but as far as where you can file for divorce generally speaking, you can file in CA as long as you meet the residency requirements. Since you have lived in CA for the last 5 years, it sounds like you can file in CA which requires you live in CA for 6... View More
May I file my own RFO and attach it to my existing court date? I already filed my response in California.
answered on Mar 15, 2023
Each separately filed Request for Order is assigned its own hearing date. You could file your RFO and then ask, after the fact, that the two dates be consolidated. But why bother? If your RFO is for the same thing - modification of custody, indicate what you want in your responsive declaration... View More
I filed for divorce and missed the court date. I haven't heard anything from the courts so I do not know what to do next? I want to continue with the divorce
answered on Mar 15, 2023
What court date? For what? If all you did was file for divorce and nothing more, there won't be any court date or hearing. You get court dates/hearing dates when you file a motion or when you ask for them, such as a trial setting conference. The court isn't going to contact you. It... View More
That is, if we are able to create a plan together, will I still have sufficient visitation time and (hopefully) overnights? I am a stable dad, but we wish to have them live with her "most" of the time and we would create a visitation schedule that fits our specific needs. I fear that... View More
answered on Mar 7, 2023
Physical custody relates to where the children live. Legal custody relates to who has the power to make certain types of decisions for the children (medical, psychological, consent for sports and field trips, etc., getting a passport) If your spouse has "sole physical custody" that... View More
she claimed I never gave her my address (I DID) and knows were I live she never properly served me just sent me a screen shot of when the mediation and court is.
Do I need to be properly served? What Paperwork do I need to submit into the courthouse?
(Example FL-150 Income and... View More
answered on Feb 27, 2023
Yes, you do need to be properly served. If you moved you are required to file and serve a notice of change of address of record with the court (and serve it on the other parent). Although you may not have been properly served, do you really want to risk not participating in the mediation or the... View More
I am buying a house (that may be rented out) with only my money and want my wife to sign the quit claim form. She insists on getting a post-nup to achieve the same effect. Can this be done?
answered on Feb 22, 2023
Do both. And, do an "interspousal grant deed" rather than a quit claim deed. To be legally binding and enforceable, your intentions regarding the ownership of this property have to be in writing. The most effective way to accomplish what you are trying to accomplish would be the... View More
Also, can we file this remotely or do we both need to be present anywhere? She's a permanent resident of Luxembourg and has never received a visa to come to the United States. I'm a US Citizen and resident in Los Angeles. We are both willing to take the easiest path, split costs 50/50,... View More
answered on Feb 17, 2023
If you meet the residency requirements, you can file here. You will also need to have her properly served with the petition before you can proceed.
We have 4 children and I am the only financial provider. Gross income is roughly 150k a year. Is alimony calculated after child support? What is the duration of the alimony payment.
answered on Feb 13, 2023
Several different statutory factors go into the support calculation. To get an idea of what that looks like, the court provides an on-line child support calculator: https://childsupport.ca.gov/guideline-calculator/?emrc=63eab30fc3cad
I believe there may also be an option for adding in... View More
The mother of my child and I are separated and together we raise a one year old daughter in California. We have visitation plans scheduled but not in writing. We thought it would be a good idea to have it in writing but want to make sure that the document holds up in court. What is the process of... View More
answered on Feb 7, 2023
Only court orders or judgments are enforceable by a court of law. Your written agreement regarding custody is not legally enforceable unless it is a court order. aka "Stipulation and Order" This can be filed using your current case number. Whatever hearing you have pending can then be... View More
We have been living in San Francisco CA and have been together for 20+ years. We have never married and my partner claims our 2 kids (ages 16 and 10) on her taxes. Of course I want to take care of my kids, but as a bartender, I don't make enough to pay for her rent (which is rent controlled)... View More
answered on Jan 24, 2023
child support is calculated using a formula mandated by law. https://childsupport.ca.gov/calculate-child-support/ Usually, with non married co-habitants, there is no obligation to pay "spousal" support. There are certain limited circumstances however, where some manner of support may be ordered.
Been together 20 years and have 2 children (ages 16 and 10). We've never been married. She has asked me to leave. The apartment is in her name and she claims the kids on her taxes.
answered on Jan 24, 2023
This question appears to have been posted from Arizona but is being seen by California attorneys. I can only speak to California law. If you are not married, no community property has been created subject to division, no right to spousal support or to any other rights that would have been... View More
She doesn’t want me to leave at 18 and she went to court today to try to get custody of me until I’m 19 can this happened?
answered on Jan 3, 2023
No. Once you are 18, you are an adult and free to live wherever you want. If she were to seek a modification of existing custody orders, she would need to file a motion and serve the other parent. Although, I cannot imagine on what grounds such a request would be granted. What she may be trying... View More
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