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How should I set things up such that once I'm married, my current company and any future business I start, will be treated as separate property?I'm ok with everything else being treated as community property.
answered on Aug 16, 2023
This can be addressed in a prenuptial agreement. With or without a prenuptial agreement, you will need to form and maintain business(es) as separate property. It is certainly nice that you are addressing this now. Obviously, an attorney can assist you.
How should I set things up such that once I'm married, my current company and any future business I start, will be treated as separate property?I'm ok with everything else being treated as community property.
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answered on Aug 20, 2023
To safeguard your business as separate property, consider executing a prenuptial agreement outlining its exclusion from community property. Ensure your agreement adheres to California's legal requirements, including full financial disclosure and voluntary consent. Collaborate with a skilled... View More 
I have 50/50 custody of my children, with no child support since their mother and I make the same amount of money. Their mother is now harassing me and saying she is taking me back to court for child support. I went into debt over 20k for our current custody and support agreement. If a judge... View More
answered on Aug 15, 2023
If she wants to file a motion with the court requesting child support, she can. You can likewise oppose it. You can file a motion to modify your current custody orders so that you get more custody. Sounds to me like they are not well cared for while staying at Mom's residence. Your failure... View More
I have 50/50 custody of my children, with no child support since their mother and I make the same amount of money. Their mother is now harassing me and saying she is taking me back to court for child support. I went into debt over 20k for our current custody and support agreement. If a judge... View More
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answered on Aug 20, 2023
Given the complexity of your situation and the potential impact on custody and support arrangements, it's advisable to consult with an attorney if your ex-partner decides to take the matter back to court. An attorney can help protect your rights and navigate the legal process effectively. In... View More
the house. She died before he did, and he thought it was no longer in play. When he got sick, he put everything in a trust, leaving me 50% of the house and his daughters 25% each. I'm now selling the house and find it has put a lien on the property, clouding the title. My family law atty seems... View More
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answered on Aug 15, 2023
You could file a Quiet Title action to declare the PreNuptical Contract not a lien on the real property. But you will probably lose as the contract is not a judgment. The proper defendants must be joined, which is probably the daughters and the spouse. Easiest solution is to pay off the... View More
the house. She died before he did, and he thought it was no longer in play. When he got sick, he put everything in a trust, leaving me 50% of the house and his daughters 25% each. I'm now selling the house and find it has put a lien on the property, clouding the title. My family law atty seems... View More
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answered on Aug 21, 2023
Based on CCP Section 697.310, a lien generally expires 10 years after the judgment without renewal. However, specific circumstances and legal intricacies can impact the expiration of liens. Considering the complexity of your situation involving a pre-nup, trust, and potential heirs, I recommend... View More
The Fontana Office and Rancho Office for due process violations, privacy violations, HIPPAA violation, Wrongful Removal, Undue Influence and Coercion. Documentation to support my case include Riverside Kaiser Medical Report 350 pages, Fontana Kaiser Medical Report 655 pages, texts messages and... View More
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answered on Aug 15, 2023
It seems like you have a complex situation involving potential civil rights violations, privacy breaches, and medical malpractice. It's advisable to consult with a California attorney who specializes in these areas to thoroughly review your documentation and determine the viability of a civil... View More
The Fontana Office and Rancho Office for due process violations, privacy violations, HIPPAA violation, Wrongful Removal, Undue Influence and Coercion. Documentation to support my case include Riverside Kaiser Medical Report 350 pages, Fontana Kaiser Medical Report 655 pages, texts messages and... View More
answered on Aug 17, 2023
It's difficult for attorneys here to offer their services to you. This forum isn't set up like a referral service. In addition to your own searches, you could look into attorney referral sections of local and state bar associations. Also, there is a tab above, "Find a Lawyer."... View More
Man and wife are separated, living apart. Unbeknownst to him, she puts a tracker on his car. Then she calls the police, gives them the information from the gps tracker, and the police use it to find the man. Police come to the house where the husband is, using the wife's ill-gotten gps... View More
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answered on Aug 15, 2023
In California, evidence obtained through an illegal GPS tracker placed by a third party is generally considered inadmissible in court due to violations of privacy rights. The police using such information to locate someone might also be problematic under these circumstances. However, each case can... View More
Investment property is located in Florida and has to date been maintained entirely from separate funds. Neither I nor my family have ever lived in the property. Separate funds have been exhausted. Need to cover a few months mortgage payments until property can be sold. Can I temporarily use... View More
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answered on Aug 15, 2023
Using community funds to cover mortgage payments on a premarital investment property could potentially result in those funds being considered as community property in California, depending on how the property is treated and other factors. It's crucial to consult with a family law attorney to... View More
Can my parent contact my ex-wife if I get a domestic violence personal conduct restraining order against my ex-wife?
My parent (my mother) has been in contact with my ex-wife since 2019. My mother desires to continue to contact my ex-wife via smartphone chat apps in order to get updates on... View More
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answered on Aug 13, 2023
If you obtain a domestic violence personal conduct restraining order against your ex-wife, it generally includes provisions prohibiting contact via phone, email, text, or social media. This would likely extend to third parties like your parent. It's important to consult an attorney to ensure... View More
I keep my inheritance in a separate account under my name only & have not co-mingled it with my marital assets. My husband owes $6K for medical treatments & we do not have the money in our joint account to pay this bill. I am on a fixed income & my husband has not worked in 13 years.... View More
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answered on Aug 13, 2023
Under California law, your separate inheritance funds should remain your separate property as long as you have maintained them in a separate account and not commingled them with marital assets. As such, you generally wouldn't be legally responsible for your husband's medical bills,... View More
My child was transferred to another classroom and school claimed they randomly selected the students to be transferred. What are my rights as a parent so my child stays in his original classroom assignment. I hope someone can enlighten me. Thank you very much.
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answered on Aug 13, 2023
Parents generally do not have a legal right to demand a specific classroom assignment for their child, especially if the school's basis was a random selection process. However, you can communicate your concerns to the school and inquire about any available options or appeal processes, as... View More
My maternal grandma past leaving irrevocable trust I am in california and named co beneficiary of property in california with younger sister. The Trustee my aunt decided to sell the property to only my sister and had her evict me. I have spent my savings and have no more. I'm now homeless and... View More
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answered on Aug 13, 2023
I sympathize with your situation. In central California, you can explore legal aid organizations like Central California Legal Services for potential assistance with your case. Additionally, the local bar association might provide resources for pro bono representation. Given your circumstances, you... View More
I was served a TRO by my brother two days after he assaulted me and was arrested on battery. I lived in a detached room/unit from the main house in which he broke into and destroyed stole and damaged a lot of my stuff. They had gone through placed my clothes, mail, jewelry, electronics, tools,... View More
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answered on Aug 13, 2023
In your situation, seeking legal representation from an attorney with experience in property law and personal injury would be advisable. Pursuing a civil lawsuit for damages against the responsible party for the destruction, theft, and damage to your belongings is a potential course of action.... View More
My 5 year old just started school and my wife doesnt like it. I do however. But she is saying shes gonna transfer her to another school whether I like it or not. So can she without me signing anything or my approval? The one shes going to is 1 mile away and she wants her to go to one 20min away
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answered on Aug 12, 2023
In California, if both parents share legal custody, they must agree on major decisions affecting their child, including the choice of school. Without your consent, your wife cannot legally change the school, and doing so could be a violation of the custody agreement. If a disagreement persists,... View More
dad recently lost first wife to cancer he remarried soon after step mom is not the nicest and grandson is having a lot of anxiety and anger issues now.
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answered on Aug 12, 2023
In California, a 16-year-old may be able to express a preference regarding their living situation, but the legal process can be complex. It's advisable for the grandparent and the grandson to consult with a family law attorney who can provide guidance on filing a request for modification of... View More
The father is deploying and the mother is an alcoholic and is neglectful to their education and health. I would have temporary custody until the father returns.
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answered on Aug 12, 2023
Under California law, you may be able to petition for temporary third-party guardianship of a child even if you reside in another state. However, it's essential to understand that family law can be complex and varies based on individual circumstances. Consulting with a family law attorney who... View More
my dad doesn’t have custody but he’s filing for custody but im 14 and in both states my parents are in i can legally pick what parent i want to live with
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answered on Aug 12, 2023
Given your age, you may have the legal right to express your preference regarding which parent you wish to live with in California. Since your father is filing for custody, it's important to cooperate with the legal process. You should communicate your wishes to your parents and their... View More
Their refusing to comply, my ex is a narcissist co-parent. Is this abduction/detention, parent alienation? She has been in his ear since he's been 1 1/2 yrs old. She's gone against the judge so many times, purged herself. She has always refused to co-parent and makes unilateral decisions.... View More
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answered on Aug 10, 2023
In situations where one parent is not complying with a custody order, it's important to consult with an attorney to explore legal remedies. Parental alienation and interference with custody orders can be serious issues. An attorney can help assess the specific circumstances, provide guidance... View More
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