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., Attorney
Category: Legal
Satisfied Customers: 90276
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
10285032
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I am 75 years old separated from my wife since 2004. I am

Resolved Question:

I am 75 years old separated from my wife since 2004. I am living in California. She lives in the State of Washington in our home which is held in joint title. At this time, I wish to sell the home since I am on SSA benefits and a small pension. The taxes have gone up $1200 since last year. I cannot handle this type of increase. In addition, she expects me to send her at least $400 a month. There is no court order regarding this payment. She refuses to sell the home. In fact she stated in our conversation "I will not sell the house." Therefore I am going to file for divorce, pay her alimony, and the medicals for her. She will be 70 in two months. She is receiving $850 a month SSA. If I force the sale of the home, what am I looking forward to in alimony and medical expenses. I will file in the State of California since I am resident here now. First, I will file In Pro Per since I have friend who has done Family Law for 15 years or more. If it becomes contested I will then substitute an attorney in from Legal Aid.


David Terveen
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Both WA and CA are community property states, which means each of you will divide all of the marital assets 50-50, including the home. If you force a sale of the home you and she would split proceeds equally.

As far as alimony, in CA this depends on the length of the marriage, your income/assets, her needs and income/assets and her ability to support herself. CA Family Code 4320 sets forth 12 factors the court uses to determine your alimony amount if any due and they are:

(a) The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage

(b) The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party

(c) The ability to pay of the supporting party, taking into account the supporting party's earning capacity, earned and unearned income, assets, and standard of living

(d) The needs of each party based on the standard of living established during the marriage; (e) The obligations and assets, including the separate property, of each party

(f) The duration of the marriage

(g) The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in the custody of the party

(h) The age and health of the parties, including, but not limited to, consideration of emotional distress resulting from domestic violence perpetrated against the supported party by the supporting party where the court finds documented evidence of a history of domestic violence, as defined in Section 6211, against the supported party by the supporting party

(i) The immediate and specific tax consequences to each party

(j) The balance of the hardships to each party

(k) The goal that the supported party shall be self-supporting within a reasonable period of time. Except in the case of a marriage of long duration as described in Section 4336, a "reasonable period of time" for purposes of this section generally shall be one-half the length of the marriage. However, nothing in this section is intended to limit the court's discretion to order support for a greater or lesser length of time, based on any of the other factors listed in this section, Section 4336, and the circumstances of the parties; and

(l) Any other factors the court determines are just and equitable.

 

The duration of support depends on the length of your marriage, but if you were married less than 10 years total you could be made to pay lifetime support if the court finds any support is due (See: CA Family Code 4336. However, based on your description of your income and her income it is unlikely that the court will order either party to pay support.

 

You can force the sale of the home in WA, which would force her to either buy out your share or put the home up for sale. The problem is that the court cannot conduct a court sale of the home in WA if she refuses to put it up for sale, you have to go to the WA court and get the CA court order of sale recognized by the WA courts as a foreign judgment and the WA court can then order a court ordered sale of the home because the CA court has no jurisdiction over real estate in another state.

 

 


Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but 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. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

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 WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT AND 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 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…”

Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90276
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 18 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for the information that you forwarded. It was very helpful. I will get a court order for the sale of the property in Washington. Does this then have to go to the Washington courts in order to get them to order the sale of the house?? If so, can this done by via mail and personal appearance in court. Any fees involved doing this in Washington?



My income is $1,990 a month plus a $200 pension. Her income is $850 a month via SSA through me. She has not worked during our marriage. She has never been employed due to lack of education and training.



She has Medicare plus a supplemental plan through AARP.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

It is really a multi step process, you must get the CA divorce order with an order for sale in the divorce from the CA court and then you have to go to the WA court and file a petition to recognize foreign judgment and through that you would get an order to sell or a court sale.

Without reviewing all of your total financial data and her's as well I could not be more specific as to how much if any spousal support she would get monthly but it would unlikely be more than $200-$300 total per month.

The medical insurance would remain with her medicare and coverage as both of you would maintain your own insurance.

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:

 
 
 
  • 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
< Last | Next >
  • 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
  • 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
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • 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:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 

Related Legal Questions