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California Divorce Questions & Answers
1 Answer | Asked in Divorce for California on
Q: I'm currently going through a divorce, my parents gave $80000 to put down on a house (cheque was made only in my name)

Posting this again and adding moore context to it, I think, I did not get a clear answer last time.

$80,000 was given to me (only me) by my parents as a gift to put down as a down payment for a marital property. So, will my wife have any rights to any of that $80,000 after we are divorced?

Maurice Mandel II
Maurice Mandel II answered on Dec 4, 2020

The $80, 000 is your separate property, and will remain so unless you do something to indicate that you have gifted it to your community or your spouse. So BEFORE you buy anything that will comingle separate and community property, you need something in WRITING, preferably notarized, from your... Read more »

1 Answer | Asked in Divorce for California on
Q: My wife left me 2 years ago and had property In the laundry room can i throw it out..still no divorce filed and in Calif
Maurice Mandel II
Maurice Mandel II answered on Dec 4, 2020

You should give her written notice and 60 days to retrieve it or you will treat it as abandoned and dispose of it. If she left you, what are you waiting for, you should file for a divorce. You may be liable for her debts until you do. Time to close the book on this story.

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1 Answer | Asked in Divorce for California on
Q: Trying to get the details of this lawsuit... Case Number 5:2020cv01860
Maurice Mandel II
Maurice Mandel II answered on Dec 4, 2020

You need to go to the website for the Court where the case is pending. This number could be anywhere; Federal, State, any county.

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1 Answer | Asked in Divorce for California on
Q: If both my wife and I filed for divorce, do I still have to serve her if she already served me?

I didn't know she filed a week before me, I was served and I just received the papers I was supposed to have served to her. I am not sure if I am still supposed to serve her or not.

Maurice Mandel II
Maurice Mandel II answered on Dec 4, 2020

Serve her with your papers. Then get your attorneys to determine whether to dismiss one case or consolidate the two cases. Dismissal is preferred unless you are seeking something completely different from the wife, such as an annulment. Consult a family law attorney.

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1 Answer | Asked in Divorce for California on
Q: I filed for divorce but my wife did too, now shes willing to sign mine but the court is using hers what do I do

They put on my divorce papers that there was already a case under that name but she says she should not have gone that route and wants to sign mine, have no idea what we are supposed to do now.

Tobie Brina Waxman
Tobie Brina Waxman answered on Dec 2, 2020

What difference does it make? You both want a divorce. You both filed. The court has designated her filing as the "lead" case. Just proceed as you would have anyway. Complete the same paperwork under her case number, including whatever agreement you have reached. It might make... Read more »

1 Answer | Asked in Divorce and Family Law for California on
Q: My estranged husband moved back just as i was moving away, and says i can't move now.

My daughter and I live in California, but can no longer afford it. I haven't been able to pay rent, and need a place to live now. My husband left over a year ago to New York, sending pennies for child support, telling me not to file for divorce so he could still get his citizenship. Now... Read more »

Martha Bronson
Martha Bronson answered on Nov 29, 2020

If he abandoned you to go live in New York over the past year, and has no relationship with your daughter while you and your daughter have bonded, there is not much chance that the court in California is going to give him custody of your child. The court that is located in the "home... Read more »

2 Answers | Asked in Divorce and Family Law for California on
Q: My ex-husband change his work . And he is not paying spousal support payments . How I can find out where he is working?

I am temporarily disable. And my spousal support for life terms .

Martha Bronson
Martha Bronson answered on Nov 28, 2020

Do you know where he lives? When did he stop paying? If it has been several months since he has paid support, then you may want to have a contempt citation issued against him for failing to the court ordered support. You will need to know where he is because you must personally serve him with... Read more »

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1 Answer | Asked in Divorce for California on
Q: I'm currently going through a divorce, my parents gave $80000 to put down on a house (cheque was made only in my name)

Does my wife have any rights to the 50% of that $80000?

Tobie Brina Waxman
Tobie Brina Waxman answered on Nov 27, 2020

It depends. What was the intent of that check? Was it intended as a gift to you? Was it intended as a gift to you and your wife; i.e. as a gift to the community? Was it intended as a gift to assist with the purchase of marital property? Was it intended as a loan to be paid back? If the... Read more »

1 Answer | Asked in Divorce for California on
Q: hello as part of our dissolution of marriage my husband was awarded 100 % interest in our residence it has both our

names on the deed and he wants me to sign a quitclaim deed do i have to ?

Tobie Brina Waxman
Tobie Brina Waxman answered on Nov 20, 2020

If he was awarded the property 100% and you were ordered to sign a quit claim deed, then of course that is what you have to do. Is there a reason why you do not want to comply with this particular court order? If there is also an outstanding mortgage (loan balance) on the property, he must also... Read more »

1 Answer | Asked in Divorce and Estate Planning for California on
Q: In 1996 mom married a man in prison for life. They lost touch yrs ago. She now wishes to divorce him,as she has the

Onset of dementia. She wishes to protect her home, inherited from my grandparents. Who purchased it for her and I in 1972. In Ca can she legally exclude him from her will or trust? How would she go about this?

Sally Bergman
Sally Bergman answered on Nov 17, 2020

Your question crosses over into both family law and estate planning. Your mother's interest in that property would be her own separate property that she is typically allowed to pass to anyone she chooses. There are occasions, however, when the other spouse may gain a community property... Read more »

2 Answers | Asked in Divorce for California on
Q: Married 3 years. He bought the property before our marraige. My name is on it. He wants my name off and wants divorce.

Me to leave. Joint custody with the child. Doesnt want state involvement. I am scared to leave our child with him because he wont change a poo diaper. I have caught him listening to heavy metal with our son in the car. I know he has exposed him to TV, something we agreed not to do. He uses his... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 14, 2020

What you NEED to do is hire a family law attorney right away to protect your interests and the interests and health of your child. Seeking advice here, beyond- Go find a local Family law attorney- is not going to assist you or protect your child. I would think that some of your complaints will be... Read more »

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3 Answers | Asked in Divorce for California on
Q: How do you protect a pension in divorce?

We're trying to find a way to not have to split the retirement funds after a divorce. We know California is community property state but is there any way around it?

Maurice Mandel II
Maurice Mandel II answered on Nov 14, 2020

You need to consult with a local family law attorney, and pay the fee for individual legal advice rather than seek it on an open forum like this. When the two parties are in agreement AND the division is fair, the Court will not stand in the way of whatever you negotiate, so long as everyone is... Read more »

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2 Answers | Asked in Divorce for California on
Q: Husband says he wants my name off the property and me to leave and us to have joint custody without state involvement.

He paid for the property. Is this a reasonable request?

Maurice Mandel II
Maurice Mandel II answered on Nov 13, 2020

Insufficient information. You should contact a divorce attorney in your local area. This does not sound very reasonable, if you were married for a long time, you would have equity in the property. He should buy you out.

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1 Answer | Asked in Divorce for California on
Q: Been divorced for 2 years, but still own a house together. What are our options? Buy-out? Force sell?
Maurice Mandel II
Maurice Mandel II answered on Nov 9, 2020

Your best option is to sit down and discuss the deal that would make both of you happy. Some Family Law attorneys can provide you with kind of a mediation service to be a referee. You should check the family law attorneys in your area, but if you have a tentative agreement, it will be much easier... Read more »

1 Answer | Asked in Divorce for California on
Q: Can my ex refuse to let me buy her out of our previously shared home, if Im willing to buy her out of her half?

She says she would rather sell to a 3rd party, out of anger. I’d rather keep the house and pay her fair market value or above.

Maurice Mandel II
Maurice Mandel II answered on Nov 9, 2020

You can file a lawsuit for the partition of the property, and request of the judge what you want to do, after submitting appraisals and proof you can obtain the financing to pay off her share. You need a family law attorney or a Real estate attorney for a full consultation, and to retain to begin... Read more »

2 Answers | Asked in Divorce and Family Law for California on
Q: My ex husband stopped making spousal support payments in April. What Can I do?

We were married over 25 years, support was court ordered for long term marriage. He went on furlough when Covid started, and collected unemployment benefits...now I believe he has retired early from his union job, so the checks that were issued by his employer stopped. He refuses to comply. Divorce... Read more »

Shawna Murray
Shawna Murray answered on Nov 6, 2020

You may need to take your ex-spouse to court and you should definitely consult an attorney about this issue because long-term spousal support is very complex. You could start by reaching out to your ex-husband and making sure he knows where to send you his spousal support checks. While his... Read more »

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1 Answer | Asked in Divorce and Tax Law for California on
Q: I am receiving an inheritance and legally still married but separated for 1+years.

If inheritance is intercepted by IRS for taxes (filed jointly for one year and still owe) will all of the inheritance be considered co mingled? Or just the specific amount needed to pay off taxes.

Zaher Fallahi
Zaher Fallahi answered on Nov 5, 2020

They should not intercept more than taxes owed. You may have a claim against your spouse for ½ the tax liabilities. I hope this helps. Zaher Fallahi, Esq, CPA (CA &D.C.).

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1 Answer | Asked in Divorce, Child Custody and Child Support for California on
Q: The Sonoma county Courthouse, Dale

The stress I’ve lawyer is needed at the Sonoma Count Courthouse, Dale. Can you help me?

Maurice Mandel II
Maurice Mandel II answered on Nov 5, 2020

If you are trying to contact an attorney directly through this website, you are not. This is a public forum to ask questions. You need to phone the attorney at the number listed on their profile. Good luck.

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1 Answer | Asked in Divorce for California on
Q: spouse will hire lawyer, uncontested divorce. We agree on evrything. Can we achieve same results as a mediated divorce?

Wife will be represented by lawyer I will get advise from mine. Can be still have an uncontested divorce preparing the MSA avoiding trial (In CA)?

Maurice Mandel II
Maurice Mandel II answered on Nov 1, 2020

I think you asked this question 2 weeks ago, now you say you are being advised but not represented by an attorney. So the new answer is ask your attorney.

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1 Answer | Asked in Divorce, Criminal Law and Family Law for California on
Q: Legally what can I do about my social worker and foster parents keeping my kid from me

Stanislaus county

Dale S. Gribow
Dale S. Gribow answered on Nov 1, 2020

MUCH MORE INFO NEEDED.

CONTACT A LOCAL LAWYER ASAP.

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