Only his name is on the title to the property.
Whose name is on title is not the issue. If the house was purchased by your husband before you two got married, that house is his separate property. If during the marriage mortgage payments were made, the assumption would be that those mortgage payments came from community property income. The... Read more »
Options? He sleeps on the couch and there is minimal conversation. I moved into his house 7 years ago as his child’s mother..He works full time and I work part time during child’s school hours and a full time PHD student,( I’m paying for my own education)so I can pick up child. Husband... Read more »
Immediately get a consultation with an experienced family law attorney! There are a lot of issues you need to discuss in person with a professional. That is not a discussion that can be had in this type of venue because it will involve a lot of background information before you can be given any... Read more »
You have left too many questions unanswered to determine that. Such as length of marriage, how long separated, when separated etc. However, is you would get a spousal support award based on the difference in incomes it would probably be a minimal award.
Your question is a little confusing. I think you are asking if a 13 year old has an option of not going on visitation if the other parent has scheduled another activity she would like better.
The simple answer to that is, "no, they do not." Unless there is some kind of provision in the... Read more »
I have full legal and physical custody through our divorce decree which has remained unchanged in nearly 5 years. He was a drug user and had a stipulation in place for supervised visitation, that he would have to complete at least 90 days of inpatient treatment. He never complied and hasn't seen... Read more »
You will need to contact a family law attorney to analyze the possibility of complications in your quest for status in a foreign country for your child.
I’ve been divorced for a year. I have two daughters ages 10&13. I’m getting ready to move in with my boyfriend. I am not moving out of state or out of city . what can I do to secure my shared custody of my daughters? My ex doesn’t pay child support or alimony. My ex is unhappy about the... Read more »
If there are custody orders concerning time share of your children between you and your ex and they do not specifically exclude you moving in with your boyfriend (or have some provision concerning the inclusion of a new significant other with your children) then you can do so. I would suggest you... Read more »
You need to re-ask your question using complete sentences. The question as phrased is unclear.
My ex wife filed for divorce and custody. It has been 3 weeks and I have not been served yet. But she is telling me that there is a court date. I am not sure what to do
Check with the family law clerk in the courthouse where the action would have been filed.
If there is anything filed and a court date then they can give you all that information as well as a copy of the paperwork she filed. Don't wait to be served as there may be something that you might... Read more »
Wife will be occupying our home until we decide resolution
The short answer is that you are responsible for half the house payment. Conversely, you are entitled to half of the fair rental value - which is usually largely a push. However, there are a lot of rules that apply to these situations and each case is different so you need to get a consultation... Read more »
Are you asking if the court would award custody to the father? Of course they can. Custody is not gender based. However, if your husband is not the biological father of the children that is a whole different set of issues and there is no quick and easy answer to that.
There are just way... Read more »
We have adult children and a home. We are in agreement on how to split the equity
It does not appear that you have asked a question here. What is your question? Are you seeking legal representation? If you are looking to hire an attorney, use the "Find a Lawyer" link at the top of the page. Good luck.
A California prenuptial contains the following clause.
"Each party agrees to execute a waiver of his or her right to collect benefits under the other parties qualified retirement plan or plans, if applicable."
Could this be interpreted to mean only those accounts that existed before... Read more »
I would be very surprised if the clause you quoted referred to something besides accounts and contributions made during the marriage. In California, accounts and contributions made prior to the marriage are separate property and the other spouse wouldn't be making a claim for separate property... Read more »
His secretary said that he does not like to take it to court !! He likes to settle outside the court.
What is my rights if my attorney is not looking my best interest?????
Help please
You fire your attorney. If you feel it appropriate, you can hire another one.
Limiting my answer to your specific question, you probably will not get the journals admitted for the judge to read. You can testify to the events in the journals, and have the journals with you while testifying to refresh your memory, but I doubt the court is going to admit the journals... Read more »
Inheritance is by law, separate property. Further, if you received the inheritance after the date of separation, it is even more so separate property.
Our case was filed and ruled on in Mendocino County. My ex put a restraining order on me last year when I had a mental break down, I had no lawyer he did. He has full custody of our 14 year old daughter. I am now wondering if we could move the case to Sonoma County since he has moved to another... Read more »
The venue of a family law case can be changed if none of the parties still are in the venue in which it now exists. This is done by filing a Motion for Change of Venue.
At the time the motion is heard the court is going to consider various things to determine if the venue should be... Read more »
My husband and I have been married for 4 years, no children, mutally decided how debt would be split, cars were owned prior to entering the marriage. We have a house, that I want nothing to do with, I am not on the loan only the title. We have no other assets, we split our bank accounts evenly and... Read more »
You have the right to represent yourself in court both as the Petitioner or Respondent. Some courts make the processes easier than others, provide forms and may even had a special docket if individuals do not wish to hire attorneys for divorce or custody issues. You would need to check with your... Read more »
Specifically in California what does the following clause, as written, mean as far splitting retirement accounts in equitable distribution?
"Each party agrees to execute a waiver of his or her right to collect benefits under the other parties qualified retirement plan or plans, if... Read more »
It means in the event of a divorce, each party retains their respective retirement benefits as their sole and separate property without any sharing with the other party. This clause is contingent upon the parties executing a waiver with the retirement plan/plan administrator of the retirement plan.
I am a 16 year old and I got sent away by my mother to live in Louisiana with my grandmother on her side. I didnt want to stay there and left to stay in Alabama with my Father's side of the family. I want to go back to California and live with a friend so that I can attend school there. I would be... Read more »
This is more a question for an Alabama attorney since the laws probably vary between the two states. As a practical matter your parents can, under California law, effectively force you to live with them, either separately or together, depending on the custody order from Alabama. This would be... Read more »
We are in Chapter 13 , and her an I are in good terms and planned out spousal support and we both would keep a car. The court mediator said we had to get a lift of the chapter 13 Stay before doing the separation of assets but that would defeat the purpose of the Chapter 13. The payments to the... Read more »
You cannot do a division of assets until the bankruptcy is final unless you get approval from the court bc said assets are the property of the bankruptcy estate.
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