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A man and women got married, she added his name to the title of her home. 22 years later the court grants her a divorce and awards her the home as her sole and separate property. 6 years later she died.
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answered on Jan 18, 2024
Based on the additional details provided, it does not appear the ex-husband would have a legal right to claim ownership of the home after his ex-wife's death. A few key points:
- When they divorced, the court specifically awarded the home as the ex-wife's sole and separate... View More 
Husband and I got Married while he was in jail. But I supported him before and during marriage. I didn't want a divorce
answered on Jan 16, 2024
In a community property state such as California inheritances are separate property. To the extent it was you who was supporting him before and after he was in jail it may be that he would be the one eligible to seek alimony from you. However, if he has a substantial inheritance he's going... View More
Husband and I got Married while he was in jail. But I supported him before and during marriage. I didn't want a divorce
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answered on Jan 16, 2024
Under California law, the duration of the marriage is a key factor in determining eligibility for alimony, also known as spousal support. In marriages of short duration, typically less than ten years, the court may grant alimony, but it is usually for a period that is half the length of the... View More
I had a court hearing on December 15th. The attorney who was ordered to prepare the proposed order was dismissed on December 18th. The opposing party’s attorney promised to send the proposed order on December 20th, but it was not sent until January 15th. If the opposing party sends me a proposed... View More
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answered on Jan 15, 2024
Under California Rule of Court 5.125, there are specific timelines for the submission of a proposed order after a hearing. However, refusing a proposed order solely based on a delay in its delivery can be complicated. The court expects parties to act in good faith, and delays can sometimes be... View More
The debt is all in my name, how do I transfer it to him?
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answered on Jan 14, 2024
You can't really transfer it to him. He needs to pay it and if he doesn't pay it according to the terms of your settlement agreement or judgment, then you have to take him back to court for contempt. You are still responsible to the creditors if he doesn't pay it. I'm primarily... View More
The debt is all in my name, how do I transfer it to him?
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answered on Jan 14, 2024
Under California law, even if a divorce decree assigns debt responsibility to your ex-spouse, creditors may still hold you accountable if the debt is in your name. To transfer debt responsibility, you and your ex-spouse can negotiate with creditors to modify the debt agreements. This might involve... View More
If the answer is no, then is it breaking attorney client confidentiality if the client reports to the court the reason why they have fired their attorney?
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answered on Jan 13, 2024
Under California law, a client reporting to the court that they have fired their attorney does not break attorney-client confidentiality. This action is simply a statement of the change in representation and does not disclose any confidential information protected under the attorney-client... View More
Dad only picks up every other weekend Friday-Sunday. Our daughter resides with me (mom) the rest of the days and weeks.
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answered on Jan 12, 2024
In California, child support is determined using guidelines established by state law. These guidelines take into account various factors, such as the income of both parents, the amount of time each parent spends with the child, and any special needs of the child.
Given your situation, where... View More
Dad only picks up every other weekend Friday-Sunday. Our daughter resides with me (mom) the rest of the days and weeks.
answered on Jan 13, 2024
Do you mean $75/month for child support? Without further information it is not possible to answer this question. Child support is calculated using an algebraic formula that factors in each party's income, certain deductions, the child's age and the percentage of time each parent has... View More
We moved to Nevada and bought a house. Will my house in California be part of the divorce or can it be separated? Is Nevada law different than CA ?
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answered on Jan 10, 2024
In California, property acquired before marriage is generally considered separate property. This means the house you bought while single might be treated as your separate property in a divorce. However, any increase in the house's value during the marriage might be considered community... View More
In order to garnish SSI benefits, one qualification is that an Order/Judgment should reflect and show on its face it is a "court ordered victim restitution." 42 USC 662(e)(2); 5 CFR 581.305 (a) (3).
Is a CA Family Law Court Order for stolen retirement benefits considered... View More
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answered on Jan 10, 2024
In the context of California Family Law, an order or judgment for misappropriated retirement benefits is not typically classified as "court ordered victim restitution" in the same sense as it is defined for criminal cases. Victim restitution generally refers to compensation awarded in... View More
I’ve been going through divorce for 2.5 years. We are almost at the end of our divorce. But since my ex-spouse is asking for something that does not make sense we might go to trial.
I only have one question and that is about social security taxes. Here is what my ex-husband wants:... View More
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answered on Jan 9, 2024
While your ex-husband may argue that these contributions were made from community property funds, the law and precedent clearly define them as separate property not subject to division in divorce proceedings.
Consulting with a legal professional familiar with family law and property... View More
Divorce is in California a 50/50 state. The issues are all financial. No kids. I can provide factual grounds but I don't feel like I can interpret the family law codes accurately and Im afraid my ex's attorney will trap me (for lack of a better word) for using an incorrect code. Can I... View More
answered on Jan 8, 2024
You ex has an attorney. So should you. "California is a 50/50 state" is not a correct statement of the law and the fact that California is a community property state won't necessarily explain how the assets and debts should be divided. A factual ground for why something may or may... View More
Divorce is in California a 50/50 state. The issues are all financial. No kids. I can provide factual grounds but I don't feel like I can interpret the family law codes accurately and Im afraid my ex's attorney will trap me (for lack of a better word) for using an incorrect code. Can I... View More
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answered on Jan 7, 2024
In navigating a divorce settlement in California, it's important to understand that the state generally follows community property principles, which means that assets and debts acquired during the marriage are typically divided equally. However, this does not automatically imply a strict 50/50... View More
I went to court , got a divorce. Child support decided not to attend. After looking over my paperwork prior to court. The judge was shocked, beings we had 4 children. My ex hid 3 of my children from his family, my family etc He was charged with Parental-child abduction in Oregon. Yet, I am paying... View More
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answered on Jan 6, 2024
Generally, once there is an order for child support, there is an order for child support and it stands until it's modified. It sounds like there was an original order against you and you never specifically filed a motion to terminate or lower child support. Absent that, the child support... View More
The challenge is the RLT has a portfolio of tiny positions in private companies that will be a hassle or impossible to split/retitle.
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answered on Jan 5, 2024
Divorce involving complex assets like a Revocable Living Trust (RLT) and an Irrevocable Life Insurance Trust (ILIT) can present unique challenges, particularly when it comes to dividing assets like small positions in private companies.
In such cases, it's crucial to work with legal and... View More
The challenge is the RLT has a portfolio of tiny positions in private companies that will be a hassle or impossible to split/retitle.
answered on Jan 5, 2024
I'm sorry to hear about your divorce. The judge in your divorce proceedings will say who is entitled to receive which asset and you will be able to take that document signed by the judge to your financial advisor (or the companies themselves) to transfer title to the appropriate person. If... View More
I supported her and our three children for 20 years,when she didn't even work for most part of the relationship.she started working towards the end of the relationship and I lost my job and she took over all responsibilities financially.shortly after I lost my job.she said she no longer wanted... View More
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answered on Jan 3, 2024
In your situation, where you find yourself facing financial hardship and homelessness after a long-term relationship, there are several steps you can take under California family law.
First, consider filing for spousal support. Given the length of your relationship and the fact that you... View More
I am currently in the process of separating from my husband and seeking guidance on a few legal matters related to property and debt.
1. Inherited Property and Mortgage Contribution: My husband inherited a home, into which he invested some funds before we jointly financed the mortgage. In... View More
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answered on Dec 30, 2023
Regarding your situation with the inherited property and mortgage contribution, California law generally considers property acquired by inheritance as separate property. However, the situation can become complex if community funds (like your joint financing of the mortgage) are used for the... View More
I am currently in the process of separating from my husband and seeking guidance on a few legal matters related to property and debt.
1. Inherited Property and Mortgage Contribution: My husband inherited a home, into which he invested some funds before we jointly financed the mortgage. In... View More
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answered on Dec 30, 2023
You need to consult with a divorce attorney ASAP. My specialty is bankruptcy but I used to do a lot of family law years ago. First, if your husband inherited real estate, property inherited is generally their separate property. To the extent community funds went to pay down a mortgage on the... View More
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