Property acquired before marriage is not subject to division as marital property in divorce, so long as you can prove the property pre-dated your marriage and was not in part paid for or contributed to with funds earned after you married, which would result in converting at least some portion of...Read more »
I live in the state of maryland. My life went from perfect to miserable within months.
At the beginning of the year I was happily married with 2 beautiful kids in a new home equally owned between my wife and I. Fast forward to today my wife has moved in her boyfriend, she’s now pregnant... Read more »
Asking questions is smart, but you will not get the answers you need this way. You need to retain an experienced divorce lawyer. Property division, child custody, child support, alimony and divorce in your situation will require a comprehensive sit-down and discussion, and the various options and...Read more »
Until a court orders you to give him any, NO. However, in the event a divorce case reaches trial before a Maryland judge, one of the issues a judge resolves is how to divide marital property in an "equitable" manner. Marital property includes pensions, to the extent you contributed and...Read more »
co trustees currently. Issues with home being under trust and dealing with Title transfer prior to divorce being final. One spouse buying out the other. Lender wrote $500k check to name of the Trust. Bank won’t deposit in trustees personal account to complete buyout without setting up new bank... Read more »
If the trust is the seller of the property, the sale proceeds need to be paid to the trust, not the personal account of an individual trustee. The trust then can distribute the agreed buyout amount to whomever is supposed to receive it. You will need a lawyer to look at the trust instrument and...Read more »
An agreement has "wife support" section stating a monthly payment to wife while in the same agreement document, the "alimony" section says alimony is waived. Based on the document flow, the alimony section comes after wife support section will override the wife support section... Read more »
You will need to take your agreement to a lawyer to review. It is not possible to construe the terms based on your summary description. There can be support and maintenance payments by agreement that are not treated as alimony. Alimony has a distinct meaning and set of legal rules that apply to it,...Read more »
You should always consult and use a lawyer in a divorce action. Real property, retirement assets, pensions, alimony, property division, health insurance, etc., are all on the table and can be affected (gained or lost) if you do not protect yourself. The danger is in not knowing what you do not...Read more »
I'm in the process of applying for a divorce. My wife received a temporary protective order against me based on her false statement that i threatened her life on three separate occassions. At the court proceedings the judge issued a 12 month permanent order based on my wife's statement.
You do not state whether this was a separate court case from the divorce proceeding (e.g., a Petition for Protection from Domestic Violence under its own case number) or whether this 12 month protective order was issued in the divorce action under the divorce case number. The process you would...Read more »
My mom was awarded a car in the divorce from my father. Only his name is on the title. She never changed it because there were no loans left to pay. He sold the truck to someone else who towed it away. Who legally owns the truck? What are my mom's options?
A court battle at great expense. I am also receiving 100% of the proceeds from the sale of the marital home in lieu of taking his retirement or pension and I’m not asking for alimony. With the additional $10,000 award it works out in my best interest. My question is, will I have to pay any... Read more »
No. A monetary award is made to adjust the equities between the parties as to existing marital property and debts. It is not an award of new taxable income. It merely shifts already earned and taxed income (or property purchased with that taxed income) from one spouse to the other.
I am sorry to hear that you are going through this difficult situation in your life. It is very important that you find an attorney with whom you can go into detail about this question given the different factors involved. It would not be wise to give a simple answer to such a very complicated and...Read more »
In Maryland, as in most states, a surviving spouse has inheritance rights to their deceased spouse's estate. Absent a divorce decree entered before death, or a signed property settlement agreement, or a prenuptial or postnuptial agreement, those rights remain intact so long as they remain...Read more »
You have two issues: a landlord/tenant issue, and a custody/child support issue. If there's domestic violence going on, that is a potential third issue, or one which could arise based on how she reacts to whatever it is you do about the first two issues. The good news is (for you), you are...Read more »
You need to ask this question of an Ontario lawyer, or research the law there. The law of the place of marriage determines whether the marriage is legal or not. For instance, in all states in the United States of which I am aware, a marriage is only legal if the parties obtain a marriage license...Read more »
Is the deed to the house in the name of the living trust, or do you jointly own the house in your individual names? Upon divorce, real property owned by spouses as "tenants by the entireties" automatically converts to "tenants in common" ownership. Therefore, you would each...Read more »
You have to do what your agreed settlement terms require you to do, or you will be liable to him for his legal fees and other costs incurred to force you to do so under court order. So, to that end, if you are uncertain as to what you agreed to do, take your settlement agreement (or divorce...Read more »
You have cited two factors in a list of factors that would be considered in your favor when considering whether to award alimony in a divorce case. The limited facts you have provided, however, are insufficient standing alone to establish your right to alimony. Consult with a divorce lawyer in...Read more »
If you are not seeking alimony, a monetary award, a share of his pension or retirement, or property division, you can file in your state of residence; or if you are seeking any of those things, you may need his consent to, or waiver of, personal jurisdiction in your state of residence. If he...Read more »
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