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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17451
Experience:  B.A.; M.B.A.; J.D.
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who determines if a court hearing is closed to both the respondent

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who determines if a court hearing is closed to both the respondent and the petitioner? Does this mean only the attorneys speak to the judge at a scheduled hearing or can either the petitioner and/or respondent request to be heard at a scheduled hearing. This involves a protection order already in place, by the petitioner and wanting to renew the protection order.

Also, if title to property is involved, what can the other party do to remove their name from the property title, if the respondent and petitioner are not legally married, and both names are XXXXX XXXXX title? The petitioner has not lived at the property for a year, nor has made any mortgage payments. The petitioner would like to start a life, without the financial control of title - held over their head by the respondent but the respondent will not sell the property or refinance. Thank you.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.

who determines if a court hearing is closed to both the respondent and the petitioner?

Response 1: The Judge with the consultation of the Attorneys in the case makes this decision.

Does this mean only the attorneys speak to the judge at a scheduled hearing or can either the petitioner and/or respondent request to be heard at a scheduled hearing.

This involves a protection order already in place, by the petitioner and wanting to renew the protection order.

Response 2: If the hearing is closed to the parties but their Attorneys, only their Attorneys can speak to the Judge.


Also, if title to property is involved, what can the other party do to remove their name from the property title, if the respondent and petitioner are not legally married, and both names are XXXXX XXXXX title? The petitioner has not lived at the property for a year, nor has made any mortgage payments. The petitioner would like to start a life, without the financial control of title - held over their head by the respondent but the respondent will not sell the property or refinance. Thank you.

Response 3: The other party (Party A)must file a Complaint/Petition for Partition of the Property and ask the Court to force the party (Party B) to buy the Party A out or refinance to take Party A’s name off the property.

Phillips Esq. and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

To: For PhillipsEsq Only -


 


Good evening,


I have another question. What if the respondent will not refinance? What if the respondent can not or is not eligible to refinance? Can the complaint/petition - order the "sell" of jointly owned property to remove the petitioner name on the title- even though the petitioner and respondent are not married? Thank you.

Good evening,

I have another question. What if the respondent will not refinance? What if the respondent can not or is not eligible to refinance? Can the complaint/petition - order the "sell" of jointly owned property to remove the petitioner name on the title- even though the petitioner and respondent are not married? Thank you.

Response: If the Court finds Respondent cannot refinance as opposed to won't refinance and the Respondent wants to keep the house, the Court would not force the Respondent to sell the house and displace the Respondent without giving the Respondent another opportunity to refinance the property. The Court would give the Respondent another opportunity to try to find financing. The Court would set a deadline for the Respondent to do this based on the testimonies of the parties.