How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jack R. Your Own Question

Jack R.
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience:  OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
Type Your Family Law Question Here...
Jack R. is online now
A new question is answered every 9 seconds

We live in CA, my husband 81 and i am 57. We were married for

Customer Question

We live in CA, my husband 81 and i am 57. We were married for 4 1/2 year and last 2 years were separated, we have Prenap that in case of divorce we don't pay each other nothing and all my income earned by me after we got married will be my separate property. I started working full time with good income only 5 years ago because i was immigrant. His income now 1/4 of mine. I filed for uncontested divorce and don't want nothing from him. Can my husband change quiclclame deed on 1/2 of house, which he did on my name, back only on his name trying to say that he was mentally unstable (mild bipolar)? Can he, inspite of Prenap, get allimony from me and if yes for how long and approximatly how much ? . Each of us have our house 50: 50 in trust, how can i cell my half if i want to, can i do it after divorce or it has to be done during divorce. If it goes to trial will be our Prenap respected or it can be somehow ignored or changed per my husband wish?
Submitted: 4 years ago.
Category: Family Law
Expert:  Jack R. replied 4 years ago.

The prenup agreement will be enforced as long as the agreement was executed properly and voluntarily with full disclosure of all assets. If a valid prenup says no alimony that is what will occur.

 

The transfer of the deed will depend on his capacity to contract when he signed the agreement, and whether any disability continued on after the deed was transferred. A judge can find that your husband ratified (agreed later) the quit claim deed by not taking action earlier even if he was under a disability at the time of signing. Being mildly bi-polar in and of itself may not be sufficient to esatblish a valid transfer did not occur. An attorney can make sure your rights to the home, and enforcement of the prenup are preserved.

 

During the divorce the property will be dealt with. A judge may order it sold, or provide some other disposition of the property. You will most likely maintain your ownership interest.

 

 

Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

Customer: replied 4 years ago.
We did Prenap on internet and notirised it. My husband never been disabled because of bipolar disorder. We went together to his lawyer who did quit claim deed and my trust that if i die he gets my 1/2 of house. It was at least 3 years ago. Now my husband tries to occuse his lawyer that it was conflict of interest and tries to get money from his lawyer too and he hopes that Deed will be reversed. Was it conflict of interest?
Expert:  Jack R. replied 4 years ago.

It is not a conflict of interest because the lawyer was representing your husband his client. A conflict might occur if they went to your lawyer and had the deed transferred. Based on your facts I doubt the deed can get reversed.

 

 

Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

Customer: replied 4 years ago.
If he will try to push his unstable mental status, who will evaluate him if he can makes desicions? Did you mean that in three year since he did this Quit claim deed he would already try to do something to change it?
Expert:  Jack R. replied 4 years ago.

What I mean is that a court would find that since he did nothing to change the deed in 3years it is too late to change it now. If he signed the deed in his attorneys office it would be ver difficult to claim his illness as a reason to avoid enforcement. He had his representative there to assist him. There would have been witnesses to the signing who could attest to his mental state as being able to consummate a transfer of property.

 

If an assessment would be made a medical practioner would be needed. I doubt this can be effective.

 

Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

 

 

Customer: replied 4 years ago.
Thank you very much.I guess my the last question. In our case of soo short marrige if for some reason Prenap will not be accepted, how big if any and for how long can be allimony (approximatly), we don't have any chidren. Till separation we lived together two years. Is it concidered separation if we still living in the same house in different rooms? I put in my Divorce petition the date of out separation the same which he did when he filed for divorce (two years since date of marriage)
Expert:  Jack R. replied 4 years ago.

In marriages of less than ten years, the statute provides a presumption that support should be granted for half the length of the marriage. You spousal Support would be for 2 years under that guideline.

 

You can be separated and living in the same house.

 

 

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

 

Customer: replied 4 years ago.
Separation is included or marrige till separation
Expert:  Jack R. replied 4 years ago.

Separation is included, legal separation is not.

 

 

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

 

Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience: OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
Jack R. and 8 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
We are in process of divorce, we bought our house 5 years ago being married, house is paid off, it was bought on my husband money, on all papers were two our signatures as two buyers, but than for some reason Title was only on my husband name ( i guess i signed off at some point without knowing it), now both our names on Title because years ago my husband did Quitclaim deed on 1/2 of house to me, we both hold our 1/2 of house inn our separate trusts. My husband hoping to get my 1/2 of house per divorce court order because he paid for it by only his money. According to many sources i thought that it not possible unless i gave him back by Quitclaim deed. Today he told me that he heard from some lawyer that divorce court can order me to give him money for my 1/2 house, because it was bought on his money. Is it possible?

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney