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 Law Educator, Esq. Your Own Question

Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 89736
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
10285032
Type Your Family Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

i want to ask a question but it is truncating it

Customer Question

i want to ask a question but it is truncating it
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years ago.
Okay, what is your question
Customer: replied 2 years ago.
I got advice from here from an attorney in 2009 about validity of my first marriage since the pastor nor I (since I have it) never filed the marriage certificate. The first marriage occurred in California and that state has five criteria for a valid marriage and recording of the certificate was one of those. It was not filed and I only learned recently that it not being filed would not "necessarily" void it if it was not submitted by the person solomizing the marriage or a "non' party to the marriage. It does not state it being void or not legal if a 'party' to the marriage did not file. Also, The first husband turned out to be an alcoholic/drug addict and is documented with Social Security and he abandoned me and family in 1995. He did not disclose his addictions nor his real age at the time of marriage. So I am going to attempt a court decision on this.

I was told by th attorney that I was free to remarry. I remarried here in Indiana in 2009, and was told by my divorce attorney when I filed for separation from my current husband that since NO annulment was filed against the first marriage and that I held myself out as married following the first marriage, having kids and filing taxes as married (where no legal record exists with the county recorder) that my husband's position is that the current marriage is void cause I am still married to first husband.

I want to know since I married the current husband here in Indiana, do I lose my right to the marital home if my name is XXXXX XXXXX deed (not mtg) if my marriage is truely void? The marriage certificate was filed for second marriage in 2009 (July).

I was told that since the foundation for this current marriage is void that I will not have interest in the home because the deed is titled as "Tenancy in the Entirety" because Indiana has a special form of joint tenancy when the joint tenants are husband and wife -- with each owning one-half. Neither spouse can sell the property without the consent of the other. Words in the deed such as "John and Mary, husband and wife as tenancy in the entirety" establishes title in tenancy by the entireties.

I was told the judge can order me to sign over my right to property based on this. Is this true?

If it is void; wouldn't the deed automatically convert to Tenants in Common? I don't believe I should lose my interest.
Expert:  Law Educator, Esq. replied 2 years ago.
It the current husband proves that you knew you were still married to the first husband, then you would not be in good faith in coming into the second marriage and you could loose your rights to marital property (HOME IS DIFFERENT). You would have to prove that you did not know nor reasonably could have known that you were still married at the time of your second marriage.

The home is different because your name is XXXXX XXXXX deed and even if you were not legally married, the deed to the house would be as joint tenants, meaning you still own a share of the house and the deed would convert from by entireties to joint tenancy. Of course, the other side will try to argue that as it said "husband and wife" the deed is invalid, but if it does not convert to a joint tenancy then the court has no way to prove which party (husband or wife) would be the true owner. Thus, you still own a share of the house.


I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL, LEGAL ANSWERS TAKE MORE THAN “MINUTES” TO PUT TOGETHER AS WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT IT WILL BE MORE THAN “MINUTES” IN SOME CASES BEFORE YOU GET A RESPONSE, BUT BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Customer: replied 2 years ago.
I am a bit confused by the last part of your answer.

Could you explain it a little clearer, it sounds like either way I would have some right to the house but in a different way.
Expert:  Law Educator, Esq. replied 2 years ago.
Yes, if you are not married and they prove the marriage is void then instead of tenants by entirety as husband and wife, it would be a joint tenancy, just as though to unmarried people bought the house together.
Customer: replied 2 years ago.
In a joint Tenancy; what rights to I have to:

Occupy?

Sell?
Expert:  Law Educator, Esq. replied 2 years ago.
Joint tenants have the same rights as you have now, to own, sell, buy, occupy, rent etc. If the two of you cannot agree on what to do with it, then you can file in court for a judicial disposition of the house and the court can decide what will be done with the house.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 89736
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you very much.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you.

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

    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