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 »
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.
He filed a year ago and has no desire to finalized the divorce.
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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
My 23 yr old son served the divorce summons at my husband's work. He avoided my son knowing he was there serving the papers, so my son left the papers on his laptop on his personal toolbox with a witness as well. Will this be ok as a summons? And if so, it's been 30 days and i... Read more »
The service was not proper, unless your husband was physically present when the papers were left. A person cannot avoid service by refusing to take the papers from the Process Server's hand, the PS can just drop the papers at the feet of the person. However, if your husband was not at his... Read more »
Yes, but it should be before you marry him again. You need a family law attorney. Call me I will refer you.
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Abuse of economic power, he uses drugs, offenses, and I ran from home knowing that I cannot get a job nor do I have a family to support me here
CONTACT A LOCAL FAMILY LAW ATTORNEY ASAP WITH ALL THE INFO WRITTEN OUT IF POSSIBLE.
THERE MAY BE CIVIL AND CRIMINAL REMEDIES AT YOUR DISPOSAL DEPENDING ON THE FACTS THAT PLAY OUT.
I was at a self checkout and 1 of my items was scanning at a higher cost than stated on the sign. I asked a employee for assistance with the item. I stated that these socks are marked for clearance for $2.50. I had already scanned 8 pairs and they all scanned for the correct price $2.50. This is... Read more »
It's arguably false imprisonment. It's different than Costco, which has a Membership Agreement. Refusing, however, has its costs and your remedy is a lawsuit, the end result of which is not guaranteed to be satisfactory to you since your damages are effectively $0. Complying also has... Read more »
He caught Covid in the line of duty. I had POA for CalPERS. I'm his beneficiary. I got the QDRO drafted but it wasn't ready until a month after he died so he couldn't sign it. How do I get an order from court that doesn't require his signature so CalPERS will release the lien on... Read more »
You probably don't have standing to act on his behalf in family court. That being said, there's definitely something that can be done. When someone dies, the successor in interest (probably you) can be joined into the divorce case to sign documents, including a QDRO. That's what... Read more »
My ex filed for divorce in Southern Cali a few years back. We have yet to finalize it. I would like to hire an attorney in Northern California since this is now where I live (We both have since left S. California). My ex's attorney is based out of Southern California. Is it possible to... Read more »
Under certain limited circumstances you may be able to file a motion to change venue. If there are minor children involved and they have moved to No. Cal. and have lived there for more than 3 consecutive months, it may make sense to move the venue to a court closer to where the minor children... Read more »
You have equal rights.
she married some other man while being married to me and lived with him in Texas, then came the theatrics dragging me into court on a divorce she filed for in March 07, the court completely ignoring my request to dismiss. court attorney and wife persuade me to sign divorce papers tell me its final... Read more »
Much too complicated to answer on a public forum. Need to review all documents, judgments, and your proof.
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I want to buy out the family home from my husband in our divorce. We have used the appraisal value and subtracted out the loan balance. Do we also take into account the commissions that would have been paid had we sold it for the divorce?
For what purpose do you want to deduct commissions that you do not pay? Taxes? Capital gains? Then the answer is probably not. consult a tax attorney with your particulars.
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The only thing the judgment says is that I pay mortgage no other expenses were mentioned in judgment
You say you are already divorced. The answer to your question should be in your judgment. What does the judgment say about who is responsible for expenses?
You should respond. If default has not yet been entered, you can respond late.
My ex and I have an understanding of who’s responsible for what. He is letting me have the house because I can afford it. I want to know how to write this correctly so this is added to the divorce paperwork and so I don’t have any issues in the future. We also each have a car and he has credit... Read more »
This forum is not intended for this type of inquiry. We cannot give legal advice or instructions on how to act as your own attorney. I suggest you call a lawyer directly for a consultation.
OUT ? (only because interest to refi is low now).
Not enough information to advise you. In whose name is the property? If you refi, doesn't he also sign on the papers?
Possibly easiest route is for him to buy you out but before a refi for him as sole owner.
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