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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
Now he wants full custody would I loose my end of custody and only have visitation?
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answered on Dec 29, 2023
Seeking help from your son's father to care for your child while you save up for a car should not automatically result in a loss of custody rights. However, if the father is now seeking full custody, it is crucial to understand the specific reasons behind this request. California family law... View More
Now he wants full custody would I loose my end of custody and only have visitation?
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answered on Dec 29, 2023
In California, custody decisions are primarily based on the best interests of the child. This standard considers factors like the health, safety, and welfare of the child, as well as the child's need for a stable and loving environment. The court also looks at each parent's ability to... View More
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answered on Dec 28, 2023
In Los Angeles County, California, the designation "QU" in front of a case number typically refers to a "Quiet Title" action. This type of legal action is used to resolve disputes or issues related to the ownership of real property. It's a way to "quiet" any... View More
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answered on Dec 28, 2023
Under California law, if you and your ex-spouse share joint custody of your children, generally neither parent can move out of state with the children without either the other parent's consent or a court order allowing the move. This is typically governed by California's relocation laws.... View More
The case is open in Marin County, CA. My ex husband has never made one court ordered payment so the arrearage amount is substantial. There is a show cause hearing scheduled in 4 weeks. I am listed as the plaintiff. However, I did not file for this. The courts did this on their own. I... View More
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answered on Dec 28, 2023
In a child support case, a show cause hearing is typically scheduled to address non-payment of child support. If you are the plaintiff, it's generally advisable to attend the hearing if possible, even if you live out of state. Your presence can help ensure that your concerns and the facts of... View More
I don't have parental consent and I provide everything for myself and right now i live alone and will still be living alone in the US. The country I live in does not have a possibility of emancipation.
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answered on Dec 28, 2023
Hi! In the United States, emancipation laws vary from state to state, and not all states have specific laws regarding emancipation. Generally, emancipation is a legal process that allows a minor to become legally independent from their parents or guardians. To seek emancipation, you typically need... View More
Do we need to dissolve our current domestic partnership to get married or apply for a marriage license?
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answered on Dec 26, 2023
In California, if you and your fiancé are registered domestic partners and wish to get married, you do not need to dissolve your domestic partnership before marrying each other. California law allows for a domestic partnership and a marriage to exist simultaneously between the same two... View More
The wife made no payments or contributions during the 6 year marriage. The house was 100% inherited during the marriage but there was a refinance due to owing half the value to a sibling after parents died. House was in a living trust and the money for buyout was deposited into the trust, so the... View More
answered on Dec 27, 2023
The community's interest in this property results from mortgage payments made DURING the marriage. The community acquires an interest in the property when the community makes the mortgage payments. If mortgage payments you made after you inherited the property, came from your earnings during... View More
The wife made no payments or contributions during the 6 year marriage. The house was 100% inherited during the marriage but there was a refinance due to owing half the value to a sibling after parents died. House was in a living trust and the money for buyout was deposited into the trust, so the... View More
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answered on Dec 26, 2023
In California, inheritance is typically considered separate property, even if acquired during the marriage. However, when the inherited property is refinanced and a spouse's name is added to the title, this can create a presumption of a gift to the marital community, potentially changing its... View More
Spouse has a student loan started to have during marriage for her grad school.
In FL-160 (Property Declaration) form I file for attachment to FL-345 and FL-180, should I mark this spouse's student loan in FL-160 for Community and Quasi-community property declaration or Separate... View More
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answered on Dec 26, 2023
Under California law, debts incurred by either spouse during the marriage are generally considered community property. However, student loans are an exception to this rule. If your spouse acquired the student loan during your marriage for her graduate studies, it is typically regarded as her... View More
In California, I want to first file Request to Enter Default "FL-165" first. And then, say a week later, I will file other document including FL-170 (Declaration for Default or Uncontested Dissolution or Legal Separation), FL-180 (Judgement), and FL-190 (Notice of Entry of Judgement). It... View More
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answered on Dec 26, 2023
In California, you can indeed file the Request to Enter Default (FL-165) first, especially after the 30-day response period for your spouse has elapsed and no response has been filed. This step signifies to the court that your spouse has not responded and you are requesting to move forward with the... View More
My father owns a home that I have lived in for the past 30 years, he passed away in 2015 and I took care of my mother in the home until her passing in 2022. My father did not have a will, since my mom's passing last year my niece has tried to take the house from me. She filed an eviction on me... View More
answered on Dec 26, 2023
There are only two ways to transfer a house after someone passes away without a trust: (1) A Petition must be filed with the Probate Court and a judge issues a Judgment that says who will inherit the home; or (2) the deed to the home is a TOD -- transfer on death deed -- that says the name of the... View More
My father owns a home that I have lived in for the past 30 years, he passed away in 2015 and I took care of my mother in the home until her passing in 2022. My father did not have a will, since my mom's passing last year my niece has tried to take the house from me. She filed an eviction on me... View More
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answered on Dec 26, 2023
In California, when someone passes away without a will (intestate), the estate, including real property like a house, is distributed according to the state's intestacy laws. As your father's daughter and assuming there are no other surviving children or a spouse, you would typically be a... View More
I am 18 years old. I have two moms- I will call them K and C. They were both legally my parents and on my birth certificate, but C is my bio mom. K and C divorced and C married my stepmom, who I will refer to as T. Years later, C's parental rights were terminated, and I started living only... View More
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answered on Dec 25, 2023
Under California law, adult adoption is a legal process allowing someone over 18 to be adopted. This is relevant in your situation as you're 18 years old. In cases of adult adoption, the consent of the biological or legal parents is not required. This means that your other mom, K, does not... View More
My wife started having an affair, and she went on a trip with another man to another country. Is it illegal to hire a private detective to get a check-up?
I just want to check a photo of her in a public place with another man, entering the accommodation. I didn't ask for anything... View More
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answered on Dec 25, 2023
In California, hiring a private detective to monitor someone's activities in public places is generally legal, as long as the detective's methods do not violate any laws. This means that the detective can observe and take photographs in public areas, but they must not engage in any form... View More
Im 16 cant get a job because parents wont allow me too
There was a investigacion made by the police and it conculuded withe the abusive parent coming back to the house and now I am forced to interact with him as if nothing ever happened
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answered on Dec 25, 2023
In California, the law generally requires you to be 18 years old to move out without parental consent. However, there are exceptions, especially in situations involving abuse. If you are facing abuse, you have the right to seek help. You can contact child protective services or another trusted... View More
Im 16 cant get a job because parents wont allow me too
There was a investigacion made by the police and it conculuded withe the abusive parent coming back to the house and now I am forced to interact with him as if nothing ever happened
answered on Dec 25, 2023
According to the California Courts,
Emancipation is a legal way for a 14 to 17-year-old to become free from their parent's custody and control. In many ways, they are legally like an adult.
There are three ways to get emancipated:
Get legally married. In California,... View More
My spouse didn't respond within 30 days after receiving the divorce papers. I'm going to file a default. But it seems like it's taking a few weeks for the default documents to be filed, can my spouse still respond in the meantime?
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answered on Dec 25, 2023
In California, if your spouse doesn't respond within 30 days of receiving the divorce papers, you have the option to file for a default. This means that you can proceed with the divorce without your spouse's participation. However, until the default is actually entered by the court, your... View More
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