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3 Answers | Asked in Divorce, Family Law and Real Estate Law for Georgia on
Q: I want to sell my house but my ex wife does not want to. The title is under my name and the deed is in both our names.

There was no court settlement at the time of the divorce as we chose to do that on our own. My ex refuses to sign a quit claim. How can I proceed to have her name removed from the deed? Can I still sell the house even if she does not want to ?

James Clifton
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James Clifton
answered on Nov 19, 2024

You cannot remove her name from the deed without her consent. You can force her to sell the property, but that can only be accomplished through a partition lawsuit. In a partition lawsuit, you ask the court to divide the property evenly. This typically only works if the property is undeveloped... View More

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3 Answers | Asked in Divorce, Family Law and Real Estate Law for Georgia on
Q: I want to sell my house but my ex wife does not want to. The title is under my name and the deed is in both our names.

There was no court settlement at the time of the divorce as we chose to do that on our own. My ex refuses to sign a quit claim. How can I proceed to have her name removed from the deed? Can I still sell the house even if she does not want to ?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 19, 2024

Handling this divorce on your own and not having the Court address what would happen with the residence, means that no, you cannot force your ex to do anything without taking them back to court. If it is not a part of the previous final judgment, then there is no order to force your spouse to... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can my employer force me to go on disability if they refuse my accommodations request? Do I have grounds to fight back?

I work for a multi-billion dollar, global corporation in a manufacturing facility. I was recently diagnosed with ALS and have been working from home for several months. I made a formal accommodations request for a wheelchair accessible workspace and a hybrid work schedule (2 days in office/2 days... View More

Neil Pedersen
Neil Pedersen
answered on Nov 18, 2024

Far more needs to be known about your situation before an attorney can confirm whether you are being treated unlawfully. However there are indications in your post that the employer may be violating the Fair Employment and Housing Act. For instance, you do not post about what restrictions you have... View More

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3 Answers | Asked in Probate for California on
Q: If you file a Petition for probate court, how long does a respondent have to file an answer?
James Clifton
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James Clifton
answered on Nov 21, 2024

After filing the probate petition, you need to have all interested parties served with a copy of the petition or sign a waiver of service. After the petition has been served, the respondent has 30 days to file an objection or other response. If no objection is received, you may proceed with your... View More

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1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: If a tenant gave me a 3-day notice that they are moving out of the property, do I still give them a full deposit back?

I did not have them sign a lease, as this is my first time being a landlord.

Julie Fowler
Julie Fowler
answered on Nov 18, 2024

Nebraska Legal Aid put together a handbook with some of the more common questions for landlords and tenants in Nebraska. Some of the information is now a little data but it still has a lot of good information and resources.... View More

1 Answer | Asked in Traffic Tickets and Gov & Administrative Law for Nebraska on
Q: Can you have Christmas lights on your car in NE?

The only information I found was that you can not have red or green lights visible directly in front, and you can not have flashing or amber lights. Does this mean I can have red mounted on the sides with blue as long as they are constantly on and not flashing or rotating?

Julie Fowler
Julie Fowler
answered on Nov 18, 2024

Below is a statute that addresses some of the restrictions on the lights. Depending on where you drive, there are also other ordinances and laws that apply.

https://nebraskalegislature.gov/laws/statutes.php?statute=60-6,225

If you review to the below, it has some of the more...
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3 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: My husband inherited his Mom's house (handwritten will). Does he have to go through probate to get the deed in his name?

We already lived with her for about a year because she was sick and needed our help. She was too sick at the end and she passed before she could make a quick deed. My husband also got very sick and couldn't take care of the title change yet. What does he have to do to get the deed in his name?... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Nov 18, 2024

Yes, if the current deed (that the mom had upon death) is not held in joint tenancy or designated "transfer on death", then probate will be necessary to have it put in your husband's name. The sooner he gets started the better. The City may accept his permission once he is appointed... View More

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2 Answers | Asked in Child Custody and Family Law for Nebraska on
Q: How does father of a child, who didn’t sign the birth certificate, establish paternity even though it’s been 5 years?

The mother has been elusive and blocked the fathers every attempt to pay child support, see the child, and the father lives In California while the mother is in Nebraska

Julie Fowler
Julie Fowler
answered on Nov 18, 2024

The statute of limitations to establish paternity in Nebraska is 4 years old. If you have a relationship with the child, you can file outside of the 4 year statute of limitations as the "next friend." For example, if your child lives with you but you never added your name to the birth... View More

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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: My daughter's father won't let me have her and every attempt he avoids the custody agreement. Motion filed against him

FIled motion for a hearing and his hired attorney trying to get transferred and delay everything from not agreeing on dates available in my county

John Michael Frick
John Michael Frick
answered on Nov 18, 2024

Talk to your attorney about whether you filed in the correct county. Normally, if the child resided in the county where you filed for the preceding 90-days, you filed in the correct county. Otherwise, a transfer to that county would seem to be the correct procedure. If a transfer is appropriate,... View More

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: Am I entitled to any assets or does it go to her heirs?

My father died without a will and his wife(StepMom) passed 3 years later. The Deed states that it was Joint Tenancy with Rights of Survivorship.

Shane T. Johnson
Shane T. Johnson
answered on Nov 18, 2024

When property is purchased by a married couple in NC, it is assumed they own it as Tenants by the Entirety. Based on your representations, it would appear that when your father died, the property would pass to his surviving wife. When she died, it would go to her heirs, and you would not inherit.

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1 Answer | Asked in Banking, Consumer Law, Foreclosure and Real Estate Law for Arizona on
Q: A person makes a Mortgage pymt, the financial institution accepts and confirms, then puts pymt back in bank acct refuses

I assumed my mothers mortgage acct with W F same bank as checking acct .3 times now they have refused payment making my regular payment triple and my mortgage acct default . What can I do?

Peter H. Westby
Peter H. Westby
answered on Nov 18, 2024

You have provided insufficient information for me to know exactly what is happening. But it sounds as though your mortgage may be in arrears due to unpaid fees or other charges. If the amount tendered is not precisely correct including any late fees or other charges, a lender will often reject it... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: I am needed advice on how to proceed with divorce?

I was married to this man for 22 years and he has moved out the house this morning, he is the sole provider of this household I don’t even share a bank account with him, to have access to any funds , I am worried I have a 17 year old son . We are divorcing due to infidelity and irreconcilable... View More

John Michael Frick
John Michael Frick
answered on Nov 18, 2024

You should contact an attorney who practices in the area of law of divorce and/or family law in or near the county where you live. If you do not already have a bank account in your name, you should open one in your sole name. If you do not already have a credit card in your name, you should open... View More

1 Answer | Asked in Personal Injury, Environmental and Landlord - Tenant for Arizona on
Q: If rental is uninhabitable and I was forced to leave do I need to give a prior notice? Landlord knows it's uninhabitable

Mold was making my family ill so we moved ourselves to a hotel in hopes the landlord would remedy it properly. That didn't happen and was made worse by exposing asbestos in dry walls. We found a new place but don't feel it necessary to give a 30 day or even 2 day heads up since they fully... View More

Peter H. Westby
Peter H. Westby
answered on Nov 18, 2024

You did what was right to move your family out of a hazardous situation. But you could have better protected yourselves legally. A 5-day notice to the landlord is required by ARS 33-1361 to terminate a lease where there is a health or safety danger. Since the lease was not terminated, you may... View More

2 Answers | Asked in Tax Law for Michigan on
Q: How is the 16th Amendment constitutional? It is front end taxing, and back end taxing on a person and too broad.

Income - a gain or recurrent benefit usually measured in money that derives from capital or labor. Capital - net worth : excess of assets over liabilities. Labor - the services performed by workers for wages as distinguished from those rendered by entrepreneurs for profits. I am being taxed on the... View More

Brent T. Geers
Brent T. Geers
answered on Nov 18, 2024

Your concerns raise more of a political question than a legal one. And I think you are misunderstanding the relationship between the 16th Amendment and Article I.

Similar arguments and concerns have been litigated since the 16th Amendment was ratified in 1913. Congress's ability to...
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1 Answer | Asked in Consumer Law and Banking for Texas on
Q: When the client of a lawyer requests a copy of his file, is lawyer required to supply that either hard copy or digital
John Michael Frick
John Michael Frick
answered on Nov 18, 2024

Yes. Whether the file is maintained as a hard copy file or in electronic format, the lawyer is required to provide the client's file to the client upon request.

A lawyer is not required to keep a copy of the client's file after the engagement has ended. The lawyer is required to...
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1 Answer | Asked in Child Custody and Family Law for Florida on
Q: My son went to my mother in MI temporarily while I was incarcerated. I still have full custody. What are my rights?

My son went temporarily to MI while I was incarcerated. I still have full custody. I am doing well and would like my son to be with me again. I believe my son has been turned against me while I was gone. My mother is elderly and in very poor health, My stepfather has Alzheimer’s. So my son is... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 18, 2024

You need to start with the last court order regarding your child. What does it say about who cares for the child while you were incarcerated. You can then return to the court that issued that order to ask to get your child back. Generally, children do not get to choose who they live with. Speak... View More

1 Answer | Asked in Criminal Law for Louisiana on
Q: Am I at high risk for facing jail time as my consequence?

I am a 21 year old female, college student, I am a social work major and make straight A's while maintaining 7 classes as well as being Bipolar 1 and managing that. I also am in the national honor society of social workers. This is my first time being arrested, never had a criminal back... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 18, 2024

Everything depends on the facts and circumstances unique to one's own case, however, if you are a first time offender then there are many, many options available to you to greatly mitigate the charges----I highly recommend that you contact a criminal defense lawyer in your area --or a few of... View More

1 Answer | Asked in Estate Planning for Colorado on
Q: In Colorado,along with a notary does a doctor have to sign your DNR within your living will advanced directives ?

I'm doing research for my end of life planning and ran across this item I never heard of before.... doctors signature on DNR's as well as notaries to make the DNR within the Advance Directive/Living will legally binding ref given me : Colorado Revised Statute 15-18.6. etal

Nina Whitehurst
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Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 18, 2024

Under Colorado Law there is a mechanism for a doctor to appoint a healthcare decisionmaker for you if you have not already done so and are unable to do so now. This can easily be avoided by appointing a healthcare decisionmaker yourself while you are capable. Your healthcare decisionmaker... View More

1 Answer | Asked in Collections for North Carolina on
Q: I've been receiving phone calls from someone saying they are a litigation service and claim I owe money. Is it legit?

They say I took out a loan several years ago from Easy Loans for 500 dollars and nothing was paid on the loan. I do not recall taking out this loan. I declared bankruptcy not long after the time frame they say the loan was taken out. I don't know if this is a scam or something I thought was... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Nov 17, 2024

Continue to ignore them, this is a scam. You can report the calls to the North Carolina Attorney general's office. Block the calls and eventually they should go away. "Litigation service" is your first clue of scam, and claiming you took out a payday loan that you cannot remember... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Michigan on
Q: I am getting ready to file a motion to change out parenting time, can I file a temp order at the same time or ask for 1?
Brent T. Geers
Brent T. Geers
answered on Nov 17, 2024

A temporary order would likely not be appropriate in this situation. Temporary orders generally are appropriate when no order exists, and there is a need to maintain a status quo. In your situation, there sounds like there is a parenting time order - you don't like it and apparently want to... View More

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