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1 Answer | Asked in Real Estate Law and Civil Litigation for Texas on
Q: Filing a partition suit in Burnet Texas? X husband and I own a house in Burnet County. X husband is getting all rent

He won’t pay me the 50 percent of property we bought ten years ago. Any suggestions? I was told to file a “partition suit “ my email: bstommel@icloud.com

John Cucci Jr.
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answered on May 21, 2024

Your question says nothing about whether or not, you are getting divorced.

If no, then you have a problem.

If yes, or you already are divorced, then you can sue for your 50%, and an accounting, for immediate relief, and ask for partition or sale of the property, and split the...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: I was divorced in Texas 13 years ago and now my ex wife wants to claim 1/2 of my truck. Both our names remain on title,

as we both went our separate ways over a decade ago. At no point in this time has she requested or laid claim. Only now that i’ve approached her, 13 years later, about removing her name from the title has she decided I owe her half the value of the vehicle. Do i owe her this even though it was... View More

John Michael Frick
John Michael Frick
answered on May 21, 2024

In depends on what your divorce decree states. A divorce decree should contain a specific provision awarding any motor vehicle that was part of the marital estate to one or both spouses. If no such provision is included in your decree, there is a substantial question why not. Typically, upon... View More

1 Answer | Asked in Divorce, Immigration Law and Family Law for Texas on
Q: Can me and my children still get the green card if I divorce the primary applicant?

My family and I got here from Colombia, because my husband had a special individual visa. Our green card has been approved but it now needs to be reviewed (which can take at least 6 months). I just found out he’s cheating. If I divorce him now, can I still get the green card for me and my children?

James L. Arrasmith
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answered on May 21, 2024

I'm sorry to hear about your difficult situation. The impact of divorce on your and your children's green card eligibility will depend on the specific type of visa and green card process you're going through. Here is some general information, but please know that it's best to... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Immigration

Last year my friend got an H1B picked in the lottery which is a professional work permit. He lost his H1B due to a crime incident where he was assaulted. A Criminal Investigation is still pending and the suspect has not yet been found. Now how can he reinstate his Last year's H1B Work... View More

James L. Arrasmith
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answered on May 21, 2024

I'm sorry to hear about your friend's difficult situation. Losing an H1B visa due to circumstances outside one's control, especially being the victim of a crime, is very unfortunate.

Unfortunately, once an H1B petition has been withdrawn by the sponsoring employer, as...
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1 Answer | Asked in Education Law for Texas on
Q: Ferpa violation

Security Video leaked by school

District causing my daughter distress.

John Michael Frick
John Michael Frick
answered on May 20, 2024

In most instances, security surveillance cameras are used in places that do not violate a student's privacy rights under FERPA like building exteriors, hallways, parking lots, and classrooms.

If a surveillance camera was placed in another area that does violate your daughter's...
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1 Answer | Asked in Estate Planning for Texas on
Q: What is my duty for determining if my half-sister inherits the mausoleum I just discovered my dad bought long ago?

My dad bought a mausoleum for two caskets in Virginia about 1972 for him and my mom, with my sister and me mentioned in the deed. He and my mom divorced about 1975, and he remarried a few years later, to a woman who already had a daughter. I don't know if dad had a will that included his new... View More

John Michael Frick
John Michael Frick
answered on May 20, 2024

While you have no duty to do anything, you could become guilty of theft by fraud if you sell the interest in the mausoleum and your dad left his interest to someone other than you.

You say that you and your sister are "mentioned" in the deed. If not apparent from the language...
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1 Answer | Asked in Domestic Violence for Texas on
Q: What is continuous violence of a family member?

I was convicted to five years in prison for continuous violence of a family member I have never had or family violence on my record

John Michael Frick
John Michael Frick
answered on May 20, 2024

A person commits an offense if, during a period that is 12 months or less in duration, the person two or more times engages in conduct that constitutes an offense under Section 22.01(a)(1) against another person or persons whose relationship to or association with the defendant is described by... View More

1 Answer | Asked in Consumer Law for Texas on
Q: What can I do about this employee taking away perks and messing up my cell plan because I didn’t want to buy her “deal”?

I have a mobile plan with *****. I went into the store to get a new phone because I had an upgrade. In my account on the mobile website there was a deal for a free phone. I went into the store to get that deal, set it up, and pay whatever fees I needed to pay. The woman there was trying to do... View More

John Michael Frick
John Michael Frick
answered on May 20, 2024

Given the extremely small amount of money involved, this is more of a customer service issue than a legal issue. If I were you, I would contact the customer service department of your mobile service provider. Make sure you correctly report to the CSR the name of the employee with whom you dealt,... View More

1 Answer | Asked in Consumer Law for Texas on
Q: Is an automotive service shop liable for damage that occurred to a vehicle due to pre-existing issues prior to the shop

The damage happened after the vehicle left the shop and was caused by issues that existed prior to the vehicle entering the shop. The shop employees noticed the issue, but did not notify the customer

John Michael Frick
John Michael Frick
answered on May 20, 2024

If you hired the shop to perform an inspection that would have revealed the pre-existing issue and the shop failed to notify you of the condition that they discovered in performing the inspection, then you may have a claim against the shop for breach of contract or for breach of the implied... View More

1 Answer | Asked in Contracts, Animal / Dog Law and Landlord - Tenant for Texas on
Q: Can I legally break my lease without penalty? Texas

My rental home caught fire due to a faulty breaker on the first day I moved in, leaving me without air conditioning or heat for five days.January 18th–23rd. During this time, the temperature dropped below freezing, making it gruesomely chilly inside the house. I boarded my dogs ($267) for five... View More

John Michael Frick
John Michael Frick
answered on May 20, 2024

Under the facts you describe, you cannot legally break your lease without penalty. Your pet deposit is intended to cover any damage to the premises caused by your dogs during your occupancy of the premises. If there was a legitimate casualty loss which precluded you from occupying the premises... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: What are the implications of not revealing a child born outside of the marriage during separation before divorce?

Husband and I separated 4 years ago, for one thing or another never got to finishing divorce process. I have been with current partner for 3 years and have a 1 year old. I didn’t disclose my marriage to the hospital at birth, so baby has his dad’s last name and acknowledgement of paternity. I... View More

John Michael Frick
John Michael Frick
answered on May 20, 2024

Your husband is legally the presumed father of any child born during your marriage. It would be in your best interest to disclose the one-year old child, to disestablish the paternity of your husband, and to seek a paternity finding that your current partner is the father of the child. Not... View More

1 Answer | Asked in Criminal Law for Texas on
Q: Why does law authority that is doing surveillance all wear black and do they hide in the trees and the bushes? What kin
John Michael Frick
John Michael Frick
answered on May 20, 2024

Official law enforcement authorities doing surveillance wear black at night because it is difficult to see. Obviously, they would be unlikely to wear black in the daytime as they would then be very noticeable. Daytime surveillance would typically be conducted wearing plain clothes suitable to the... View More

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: I've recently found tax liens in my name and have never been notified of property I own. How do I find it?

I do not know who my biological father is and supposedly been left and inheritance of property and home or commercial property and business. I owe taxes for these and have no clue where they are or what exactly are the tax lien is against. Regardless the taxes are owed and in my name. How to find... View More

John Michael Frick
John Michael Frick
answered on May 20, 2024

If they are property tax liens, the liens themselves will identify where the property is located. At very least, they will identify the taxing authorities to which the taxes are owed, for example the name of the county, name of the city, and/or name of the school district. You can then search... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Civil Litigation for Texas on
Q: Can I switch Jurisdiction to my County now, same State, at the time but now she moved out of State? (been a year)

Filed for visitation in my County but it got transferred to her County. During the process she moved out of State for no reason at all. I want my County to have Jurisdiction now. She has residence in the other state now.

John Michael Frick
John Michael Frick
answered on May 20, 2024

Jurisdiction and venue are established at the time a lawsuit is filed. The only way to make a change after a lawsuit has been filed is to dismiss the pending lawsuit and refile a new lawsuit in a court with jurisdiction and venue. In most "visitation" matters, the state and county with... View More

1 Answer | Asked in Sexual Harassment and Civil Rights for Texas on
Q: (Texas) Recently I saw a man take a picture of a woman's covered buttocks in a public grocery store Is this a crime?

I live in Texas this happened in a grocery store self checkout line with cameras everywhere. what would he be charged with?

John Michael Frick
John Michael Frick
answered on May 20, 2024

He would probably not be charged with anything unless he took the picture inside a restroom or other private place. Generally speaking, anyone can take a photograph or video of anyone else in a public place where there is no expectation of privacy, like a grocery store aisle.

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Texas on
Q: How do I get the Inventor of a patent to grant to me permission to use the patented process?
James L. Arrasmith
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answered on May 19, 2024

To get permission from the inventor of a patent to use their patented process, you need to obtain a license. Here are the steps you can follow:

1. Identify the patent: Make sure you have the correct patent number and that the patent is still in force.

2. Contact the patent owner:...
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1 Answer | Asked in Small Claims and Consumer Law for Texas on
Q: Can I sue my mechanic for not fixing my vehicle

The mechanic has had my car for two years this august he only has one worker on it the worker has been hospitalized 3 different times while working on my car I’ve paid him the money in advanced I don’t owe him a dime and they still can’t seem to figure out what’s wrong with it and have just... View More

James L. Arrasmith
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answered on May 19, 2024

Based on the information you've provided, it seems like you may have a case against your mechanic for breach of contract, negligence, or even fraud. Here are a few things to consider:

1. Contract terms: Review any written agreement or invoice you have with the mechanic. If they've...
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1 Answer | Asked in Civil Rights, Constitutional Law and Civil Litigation for Texas on
Q: I need help filing a lawsuit against Texas border town sheriffs department, prison system, Del Rio police department

I’m being charged with smuggling of people when I drove a friend to eagle pass to pick up what I thought was his nephew. There was never talk of money to be exchanged or anything . A sheriff in a truck out of the blue and tail my car with his bright lights on never the police lights. My gps... View More

James L. Arrasmith
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answered on May 19, 2024

It sounds like you’ve experienced a troubling and complex situation with multiple law enforcement agencies. To pursue a lawsuit, it's important to gather all evidence and documentation related to the incident, including any police reports, witness statements, and any communication records.... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Can I get married to a US citizen (Texas) if I am here on an ESTA? I will not be seeking immigration or settlement.

I am on the 2nd trip visiting my fiancee and we decided to go ahead and get married now while their parents are still here. I have an ESTA (visa waiver), can I apply for a marriage license in Texas with that? Our goal is get married and apply for a spouse visa so my partner can move back to the UK... View More

James L. Arrasmith
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answered on May 18, 2024

Yes, you can get married in Texas while you are visiting on an ESTA (Electronic System for Travel Authorization) through the Visa Waiver Program. The ESTA allows you to travel to the United States for tourism or business purposes for up to 90 days without obtaining a visa.

However, it is...
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1 Answer | Asked in Social Security for Texas on
Q: What Lawyer can I get for Ex-Spousal Benefits for Social Security.

We were together from 1994 to 2010. We legally married in 1996 and divorced in2001. But we still were together before marriage and after divorce.

Thank you for your guidance on this. I Do appreciate it much.

James L. Arrasmith
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answered on May 17, 2024

To be eligible for ex-spousal Social Security benefits, you must meet the following criteria:

1. Your marriage lasted 10 years or longer.

2. You are unmarried.

3. You are age 62 or older.

4. Your ex-spouse is entitled to Social Security retirement or disability...
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