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?
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 »
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.
Justia... Read more »
You need to go to the website for the Court where the case is pending. This number could be anywhere; Federal, State, any county.
Justia disclaimers below, incorporated herein.
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.
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.
Justia disclaimers... Read more »
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.
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 »
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 »
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 »
I am temporarily disable. And my spousal support for life terms .
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 »
Does my wife have any rights to the 50% of that $80000?
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 »
names on the deed and he wants me to sign a quitclaim deed do i have to ?
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 »
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?
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 »
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 »
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 »
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?
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 »
He paid for the property. Is this a reasonable request?
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.
Justia disclaimers below, incorporated herein.
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 »
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.
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 »
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 »
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 »
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.
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.).
If my answer is "BEST ANSWER" and/or "HELPFUL" please acknowledge and mark it so.... Read more »
The stress I’ve lawyer is needed at the Sonoma Count Courthouse, Dale. Can you help me?
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.
Justia disclaimers below, incorporated herein.
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)?
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.
Justia disclaimers below, incorporated herein.
Stanislaus county
MUCH MORE INFO NEEDED.
CONTACT A LOCAL LAWYER ASAP.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
