My aunt and uncle raised me. And have one biological son. My uncle died 2003 my aunt 2016. I was never legally adopted. My cousin( their son). Wants to sign their property over to me. Him and his wife are getting a divorce. She has threatened to take half of his deceased parents home. They do have... Read more »
No. Property which one spouse inherits alone is not marital property subject to division with the non-inheriting spouse. The only scenarios where your cousin’s spouse could make a claim are (1) if your cousin were to add his wife to the title; or (2) if your cousin were to make mortgage payments...Read more »
It is possible to technically live under the same roof and file for limited divorce. It is rare that this happens or that a court recognizes the separation but under the Ricketts v. Ricketts case, it may be possible to prove separation even while living under the same roof. The facts must fit,...Read more »
My ex-partner and I, we separated about 4 years due to her cheating on me. As a result of this, she got pregnant by the man who she cheated on me. She never told me about this infidelity until later I found some emails on her phone when she used to communicate with guy. The baby was born, and I... Read more »
You should file a complaint for paternity to establish you are not the father and/or respond the the complaint and deny everything under the defense that you are not the father. The court will order a DNA test and that should take care of the support issue. You might be able to ask the court to...Read more »
No, he cannot take your camera and gear. Although you are married, and most property acquired during marriage is marital property, that does not mean that he can take your personal property from you. Try calling the local police for assistance. I do not know if he is still residing with you, but...Read more »
Maybe. Has your divorce been finalized yet? Is there a provision in your separation agreement containing representations as to full disclosure of all assets? Generally a party to an agreement can seek to have it set aside if there was fraud in the inducement, intentional failure to disclose a...Read more »
If the house was purchased during the marriage it is likely that you both are entitled to half of the house because it is marital property. If it is marital property, either of you may propose to buy the other's interest in the house or you may put the house on the market and split the proceeds.
In Maryland you must be separated for at least 12 months, unless there is adultery, domestic violence OR you have reached a written agreement with your spouse prior to filing for divorce. There are no exceptions to this, not even active duty military.
Adultery is a crime which is almost never prosecuted. The maximum penalty is a $10 fine. In divorce, it can be the grounds for receiving a judgment of absolute divorce, but the proof required is often difficult to establish under the rules of evidence. It may also be considered as one of 10 factors...Read more »
Ex has not paid me full amount on financial settlement. I have heard there is a 3 year statute of limitations and then I was told it’s a 12 year statute of limitations since it is a judgment of divorce
Yes. However, the big question for you to answer is ” Is this the best thing for our son?” consider hiring a mediator to resolve all issues and avoid court delays, contentious feelings, an potentially high lawyer fees.
For ordinary civil judgments, like credit card debts, contracts, and the like, the judgment simply accrues 10% simple annual interest. Not paying it has no other penalty. For certain types of debt obligations, such as in Family law cases, including court ordered child or spousal support, in...Read more »
There is some reason that you believe he is a Maryland resident. You could use his work address his last name and home address etc. but you should indicate some address on your pleadings because you need to convince the court that he is a Maryland resident. You may not be absolutely certain of the...Read more »
Passing a bad check is known in the criminal code as “uttering” and may be charged as a crime; however, not all such acts are deemed criminal. From the civil standpoint, you can file a motion to enforce the court order or judgment awarding the support payments, as well as for a finding of civil...Read more »
Too little information and two totally unrelated issues (child’s age and property). You need to consult with a lawyer before doing anything and learn first what your rights are as well as the definition of “marital property” which is not determined based on whose name is on the title or the...Read more »
No. There is only a time frame for filing for divorce where both parties are not in agreement to get divorced: one year continuous uninterrupted separation. If both parties are in agreement, however, then so long as they both sign a written agreement resolving all marital rights and interests,...Read more »
I've been separated for over a year now. Around june, i started filing for divorce but then my ex and i began communicating so we decided to remove the case to see if something could be worked out. But it didn't and now i really want to file for divorce and get out of the relationship as... Read more »
Unless you resumed living together under the same roof, then the separation period starts and runs from the date you initially separated and remained separated through the present. Doesn't matter that you began talking about getting back together, unless you resumed marital relations and...Read more »
The home most likely would be considered part marital and part separate property. From March of 2015 - Octover 2015 it would be separate property. From the date of marriage it could be argued it is marital property.
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