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And if a court ruling is required for this and one spouse has proof that they paid more on the mortgage than the other spouse, does that give them a favorable stance in getting a ruling for them to sell it the way they want to or transfer the mortgage they want to?
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answered on Oct 8, 2024
The court decides. Paying more on the mortgage is only one of many factors that the court would use in splitting all assets, not necessarily just the equity from the house.
My daughter's husband is leaving her. She can't afford to make payments on the house or buy him out. She wants to sell the house for only the mortgage balance (plus closing costs) or have someone else assume the mortgage. If the husband refuses, what legal recompense does she have if any... View More 
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answered on Oct 8, 2024
Unfortunately none at the moment. She will need to file for divorce and obtain a court order as to either the transfer of the house into her name so she can sell it or an order selling the house.
We have permanent legal custody of the 4 yr old. She and I are now homeless, but she spends most nights with him. I have no home or bed at the moment for her. I would like child support and spousal support and a place for she and I to live.
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answered on Oct 2, 2024
Justia indicates that you are in Florida. Spousal support and child support are very state specific. I recommend that you reach out to the Florida bar for this, and not the Ohio bar.
The judge says you're divorced. The clerk finds mistakes in your papers. The errors must be fixed. Are you still legally married until all mistakes had been corrected?
The divorce was 30 years ago. The mistakes were never corrected and sent back to the courthouse. Are they divorced or... View More
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answered on Oct 2, 2024
I recommend you ask this question to California lawyers if the divorce happened in California. You posted in the Ohio lawyers section.
answered on Apr 2, 2024
The truck belongs to the dealership or whichever lender has the actual title to it. It is a monthly expense to whoever is paying on it.
answered on Apr 1, 2024
That is determined by the court. Either that, or at whatever date you and your former spouse are able to agree upon.
answered on Mar 30, 2024
Not enough information in this question to really answer. If you rent are you on the lease? If you own the home are you on the deed? If the answer to these questions are that you're on neither a lease nor a deed, then there are some potential issues. If you are on either the lease or the deed... View More
answered on Mar 16, 2024
Without more context this question is impossible to accurately answer. If the payment is spousal support it depends on the wording of the decree. Generally, domestic relations support orders are not dischargeable in bankruptcy. The remarriage may be a termination of support, but only if... View More
He left 16 months ago and took nothing with him
answered on Mar 11, 2024
No, he cannot. All owners must sign a deed in order to convey clear marketable
I do have a restraining order on him and he is the breadwinner of the home.
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answered on Mar 6, 2024
You are going to have better luck seeking out an attorney who is willing to be paid by the other side then someone pro bono. In divorces where there is a significant income difference between the parties, the court can order the breadwinner to pay some or all of the attorney fees of the lower... View More
However I am supposed to get 15000 due to the down payment I made prior to us being married.y atty says I owe 47182. However I figured it as 109365/2 = 54682.5. Then I deducted the 150000 to equal 39682.5. My atty did the math 109365-15000= 94365/2 = 47182. What is the correct way to calculate this
answered on Feb 25, 2024
Your attorney is correct. You subtract the down payment from the total equity, not just a 1/2 portion.
Also recieved medicaid for our children as married in both states. Gave wife wedding rings. Joint bank accounts and shared property. We are now seperated for 4 years. We lived together had implied agreement through filing taxes state and federal as married in Montana for 7 years and continued the... View More
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answered on Feb 22, 2024
If you met all the criteria for common-law marriage in Montana, then Ohio will recognize the marriage and you will need a divorce.
answered on Jan 4, 2024
Yes, hire an attorney in the county in which the divorce was filed. That attorney will enter a notice of appearance and file a notice for stipulation of leave to plead, and an Answer. That should be sufficient to contest the allegations in the complaint.
My ex-husband is choosing to give up his weekly parenting time due to conflicts with our teenagers. Does he need to continue to pay child support, and if so, does that amount change?
answered on Dec 16, 2023
This isn't a simple yes or no question. Parenting time factors into child support. However, to know if it is going to impact your support one would need to analyze your current support calculation. It would be worth your while to invest in actual time with a local attorney.
Ex husband agreed to pay half of the dissolution cost, which had to pay in 30 days. It's been a year, and I have attempted multiple times to get him to pay me.
answered on Nov 21, 2023
If the facts are as you state you and your lawyer should file a motion to enforce the agreement/decree. The way this was written is important so DO review this with your attorney.
answered on Nov 11, 2023
A mooted motion is one where the requested relief is no longer neccessary. Typically it is where the person bringing the motion already has the thing for what has been asked. For example, if one had a motion for a return of a particular car and the respondent to the motion returns it before a... View More
answered on Oct 31, 2023
OK? What do you mean by "OK"? Will you get arrested? No. But simply leaving the agreement that one spouse is responsible will not be enforceable against the lender or loan servicer. It is only enforceable against the responsible spouse. It is better to get the responsible spouse to... View More
I have an agreed judgement entry that defines my ex’s visitation. We went to court to modify it with a new agreed judgement entry. It was not signed by the magistrate or us because there are issues with it. However I expected it to be edited and gave him his modified weekend with the kids. 2... View More
answered on Oct 25, 2023
The only entry that can be enforced is one signed by the Judge and filed with the court. Anything that has not been filed is invalid. In some instances a signed copy is filed with the court and unsigned copies are time stamped at the same time as "service" copies which are for... View More
answered on Oct 19, 2023
I am not sure i see where the question is. Has some damage occurred as a result? Why have you not added your wife as a driver? What do you mean by "allowed" are you referring to insurance or yourself?
Hi, I had a simple question about claiming my daughter on my taxes. I have been her sole guardian since May 2021 when child support stopped. I am also on three of her college loans and make monthly payments on all of them. I provide her with all essentials such as room/board, toiletries, food,... View More
answered on Oct 18, 2023
If your daughter has her own income by which she's paying taxes, you can claim her on your own tax return but will also need to acknowledge the income she's receiving. It will be imputed as income to your household for the purposes of tax assessment. Simply paying on her loans does not... View More
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