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California Divorce Questions & Answers
1 Answer | Asked in Divorce for California on
Q: In a divorce, does my ex wife have to pay my debt accrued during marriage if she was never tied to my account in any way

I made all charges to the debt myself and never with her

Tobie Brina Waxman
Tobie Brina Waxman answered on Jul 24, 2021

Debt incurred during the marriage is considered community debt. Distribution of debt during a divorce has more to do with each party's respective ability to pay down that debt rather than about who incurred it during the marriage.

1 Answer | Asked in Divorce and Estate Planning for California on
Q: Mom has dementia. Husband refuses to pay for care. How can she have access to community property to pay for her care?

Due to Covid and mom's progressing condition, she is no longer living with dad in their shared home. Dad controls rents from RE rentals, and has made more money than mom. He will not pay for any care. My sisters and I are struggling to pay for mom's care. I have power of attorney to... Read more »

Julie King
Julie King answered on Jul 22, 2021

I'm sorry to hear about your situation. I am not a family law attorney, but I can tell you this: Your mother owns half of the community property in the marriage and all of her separate property.

Community property is property that was earned during marriage (assuming there is no...
Read more »

2 Answers | Asked in Criminal Law, Divorce, Family Law and Personal Injury for California on
Q: Went to my ex-wife's house last night to get my stuff to find out that she had thrown my uncle and my fathers ashes out
Peter N. Munsing
Peter N. Munsing answered on Jul 7, 2021

You may have a claim for intentional infliction of emotional distress, however if you left them there (as opposed to being locked out from them), then that may attrit your rights. Suggest you contact a member of the CAOC--they give free consults.

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1 Answer | Asked in Divorce and Real Estate Law for California on
Q: Can you take a spouse off the mortgage before filing for divorce?

My spouse has paid nothing for or to this house and I would like to remove them before filling for divorce. The bank still owns the deed and we are together on the mortgage but I pay everything. We've been in this house for 20 months.

Tobie Brina Waxman
Tobie Brina Waxman answered on Jun 14, 2021

You can't just remove someone's name from a mortgage (home loan). To remove someone from a home loan you have to refinance the loan. You would then need to sign a new Deed and your spouse would have to sign it too.

1 Answer | Asked in Divorce and Family Law for California on
Q: What are the chances if gaining permanent spousal support in California?

We were married in 9/95 and separated in 8/2019. My spouse is 71 and I am 68 we are both retired and collecting a pension from a local government pension and social security. My husband gross income is approximately $117,000 mine is $58,555. What is the liklihood of asking and receiving spousal... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jun 8, 2021

The simple answer is that a supported spouse may be entitled to spousal support for an indefinite period as long as the marriage lasted more than 10 years. There are however, several statutory factors that are taken into consideration when determining not only the amount of but also the duration... Read more »

1 Answer | Asked in Divorce, Family Law, Domestic Violence and Libel & Slander for California on
Q: What forms do I file if R didnt make paymnts to P as order on stipulation?

4/14/18 DVRO/Stipulation -ordered R' to make paymnts directly to P' every 15th of month for support. 2 month payments were received with memo "Support". 8/14/18 We reconciled, during this time R' would transfer funds to my account for household, food, etc. none of these... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jun 2, 2021

MORE INFO NEEDED.

ADVICE FROM AN ATTORNEY IS ONLY AS GOOD AS THE INFO REC'D.

IF YOU HAD A LAWYER, THAT IS THE PERSON TO WHOM YOU SHOULD POSE THE QUESTION.

S/HE HAS ALL THE INFO ON THE CASE AND ANY LAWYER ANSWERING HEREIN, I WOULD NOT TRUST OVER THAT OF MY INFORMED LAWYER.

1 Answer | Asked in Divorce for California on
Q: My spouse is demanding spousal support. We have no assets or debts. Do I have to pay her anything?

Our marriage lasted approximately 2 years. She is demanding more than 1 year of support in the amount of 1400 per month. I have no idea how I can afford to give her any money. I am in a relationship with someone else now and expecting a child with her in 2 months. I gross approximately 130 K... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jun 1, 2021

There is no legal obligation to pay spousal support in the absence of a court order. You were married 2 years. She is potentially entitled to support for 1 year. There are several statutory factors that go into the determination of whether spousal support is appropriate in any particular case,... Read more »

1 Answer | Asked in Divorce for California on
Q: Hello my husband filed for divorce in Mchennry County and i am currently living in California but my id from Illinois.
Alexander C. Safarian
Alexander C. Safarian answered on May 24, 2021

We need more information to help answer any questions you may have.

2 Answers | Asked in Divorce for California on
Q: Am I entitled to earnings from an inheritance if I'm getting divorced? Money has never been commingled in our accounts.

The money is in the stock market and has never been removed. He has accrued earnings from his initial inheritance. Am I entitled to half of his earnings from the inheritance?

Tobie Brina Waxman
Tobie Brina Waxman answered on May 5, 2021

Inheritance and earnings on that inheritance are separate property.

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1 Answer | Asked in Criminal Law and Divorce for California on
Q: Hey there! I live in northern California and I was wondering if I could carry or conceal a stinger tactical whip
Rhonda Mae Hixon
Rhonda Mae Hixon answered on Apr 29, 2021

If you had a stinger whip in your vehicle as a car emergency tool (with seat belt cutter and a window breaker) odds are it would not be considered a weapon. If, however, you have it concealed on your person and tell a cop it's for protection- it could result in charges for possession of a... Read more »

1 Answer | Asked in Divorce for California on
Q: My wife purchased and built the house while we got married. We have been married 16 years.

Am I entitled to any of the assets?

Tobie Brina Waxman
Tobie Brina Waxman answered on Apr 27, 2021

If the house was purchased during the marriage (i.e. after the date of marriage and before the date of separation), it is community property. If she can trace the funds used for purchase to a separate property source, she may be entitled to reimbursement of those funds before the community's... Read more »

1 Answer | Asked in Divorce, Family Law, Collections and Domestic Violence for California on
Q: I need a divorce/family law attorney to file a few papers and come tell the courts that my ex-husband is in contempt.

My ex-husband is well off & has stopped paying support against court orders. I believe this is called contempt, and need a divorce/family law attorney to let the courts know & enforce collection. Any help finding one is much appreciated! Thank you. ~

Dale S. Gribow
Dale S. Gribow answered on Apr 23, 2021

what court are you dealing with?.............

if Riverside County I will give you some names................

Dale Gribow Attorney at Law 760 837 7500

1 Answer | Asked in Divorce, Family Law and Business Law for California on
Q: We divorced but haven't settled our community property business. She has "locked me out" & i can't afford attorney. help

Help. I have hit a wall. My wife & i recently divorced, but left the issue of community property unresolved because it was going to be super expensive to value our community property business (forensic accountant, etc). She has locked me out and receives a sizable income from the business,... Read more »

Julie King
Julie King answered on Apr 23, 2021

I'm sorry about your situation. I am not a family attorney, but I do know there are self-help departments of most courthouses that can give you the documents you need to start a dissolution (divorce) case in family court. Some law schools, such as the Monterey College of Law, hold clinics to... Read more »

1 Answer | Asked in Divorce and Family Law for California on
Q: Stocks that are purchased jointly during marriage but have only partially vested as the company has yet to go IPO?

We purchases jointly some stocks. They were for my husbands company that has yet to go public. We still cannot exercise the stocks as of our separation date because the company has not gone public yet. But we still own the stocks that were purchased "together". He is claiming I... Read more »

Jackie Marie Howard
Jackie Marie Howard answered on Apr 8, 2021

Assets purchased from your joint account during your marriage are community property; therefore, each of you have a 1/2 interest. You should seek legal counsel in order to ensure that you pursue all of your legal rights.

1 Answer | Asked in Divorce for California on
Q: Hello, My spouse filled divorce and I never responded. He never proceeded. I want a divorce. What can I do

He filed a year ago and has no desire to finalized the divorce.

Tobie Brina Waxman
Tobie Brina Waxman answered on Apr 1, 2021

You don't need his permission to proceed on your own. Respond to the Petition and proceed with the other steps necessary to bring the matter to a close. If he does not cooperate, then file motions to compel and request a trial setting.

1 Answer | Asked in Divorce and Estate Planning for California on
Q: Is it possible to get a lawyer to help via Pro bono for a senior citizen divorce/power of attorney case?

My dad is 83 and does not want to live in a care facility. I believe my mom may have a durable power of attorney.

My dad feels that my mom is not capable of representing his needs.

My dad was in a care facility and was assaulted by another patient. As a result he was hospitalized.... Read more »

Julie King
Julie King answered on Mar 31, 2021

The key to your situation will be: (1) the language in your father's health care directive and durable powers of attorney; and (2) if your father has sufficient mental capacity to handle his own health care (and/or finances). There is a legal standard that must be met to ensure people... Read more »

1 Answer | Asked in Divorce and Family Law for California on
Q: Want to modify my support payments to ex when I retire. She got house, I got 401k

Marriage was for 22 years, been divorced since 2009 (12 years). Resident of California at time of divorce, moved out of state since. In divorce wife was awarded the family home and spousal support. I was awarded my 401k retirement. I wish to retire in a year when I turn 65. My plan is to live off... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Mar 28, 2021

Assuming your case was vented here in California, if your retirement impacts your monthly income available for support, you should file a Request for Order re modification of support based on that change in circumstances. In terms of your 401k distributions, income is income for purposes of the... Read more »

1 Answer | Asked in Consumer Law, Divorce, Foreclosure and Real Estate Law for California on
Q: My mother and stepdad own a home together but they are separated not Divorce, but living in the same house.

Her name is on the deed and his name is on the actual mortgage loan he wants to do a quick sale on the house but is it possible for him to do so without her consent with her name not being on the actual mortgage loan ?

He also claimed that he stopped paying the mortgage about 5 months ago... Read more »

Yelena Gurevich
Yelena Gurevich answered on Mar 26, 2021

Your mom needs to call and consult with a lawyer that is familiar with real estate and bankruptcy law. If she is on title, he cannot sell without her permission. If he stopped paying the mortgage, she needs to pay the arrears if she wants to stay in the house. If there is equity in the house and... Read more »

1 Answer | Asked in Divorce for California on
Q: Hi I have a question me and my wife divorced in 2008. During the divorce the judge ordered the house to be sold

Hi I have a question me and my wife divorced in 2008. During the divorce the judge ordered the house to be sold and split 50/50 but we had kids under the age of 18 so I decided that I would allow my wife raise our kids in the house tell they youngest turned 18. That already happened and now I... Read more »

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

Consult the attorney who handled the divorce. If none, then contact a local family law attorney first. It is never a good idea to just disregard a Court Order. You could be in contempt. If you were representing yourself and did not put the subsequent agreement into a clear writing with your... Read more »

1 Answer | Asked in Divorce for California on
Q: Can I sue my ex-husband for disposing of my pre-marital personal property?

Left household. Took most of my property but had pre-marital items in garage. Went to retrieve property on an arranged date but ex started claiming what I was taking was his then he called the police. Cops said I will have to wait for court to decide but per my atty. I probably won't get... Read more »

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

When you were denied the right to retrieve your property, your attorney should have filed an RFO with a list of the property and ask the court to restrain H from disposing of it while the dispute was settled. It sounds like you already have legal counsel. But I will say that your attorney cannot... Read more »

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