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Recent Community Property questions

Attn: Lucy, Esq – $92K Income? In her required financial

Attn: Lucy, Esq – $92K Income?In her required financial disclosure, my soon-to-be-ex-wife reported monthly income of $3,731. This consisted of Social Security, required minimum distributions (RMD) from her IRAs, and dividends (but not capital gains distributions) from stocks and mutual funds.However, the monthly statements from her investment brokerage show another $92,490 (equivalent to $9,249/mo) of stock and mutual funds sold and transferred to her checking account through October 2016. Her checking account balance then stood at $1,888, with $36,400 withdrawn in October alone.I realize that selling an investment and spending the proceeds isn't “income” in the sense that it is regular or continuous, like Social Security. But, it did provide spendable cash flow.So, would a judge likely categorize this additional $9,249/mo as “income” or just consider it part of the asset that no longer exists?Thank you for the consistently excellent information that you provide.

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Lucy, Esq.

Juris Doctor

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I cohabitated for 7 years, then married for 8, total 15yrs

I cohabitated for 7 years, then married for 8, total 15yrs together.He owned home prior to marraige, but we shared bank accounts and used funds jointly toward morgage, bills, etc..the entire time.Because he ownd house prior to marraige, do I lose equity - especially for for the co-habitation period? We live in Hawaii.

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Loren

Juris Doctor

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Attn Lucy Esq; Award of pickup truck In my soon-to-be

Attn Lucy Esq; Award of pickup truckIn my soon-to-be ex-wife's Financial Disclosure, she valued the family pickup truck (community property) that she has possession of at $3,000. It is worth twice that according to Kelly Blue Book. I don't want to dispute the value; I want to be awarded the pickup truck at that value. I already own $1500 of it, so I guess another $1500 of value would be added to my assets, which will be counted to determine alimony. I seriously doubt that she wants the pickup. How can I assure that I am awarded it at the value that she has assigned?

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Lucy, Esq.

Juris Doctor

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In AZ how does one have to be married to be considered

My name is Kel. In AZ how long does one have to be married to be considered common property. Assistant: Thanks. Can you give me any more details about your issue? Customer: My husband and I were married for 9 months. He died with lots of hospital bills.

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Loren

Juris Doctor

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I have been married 5years and I had a house when dwe got

I have been married 5years and I had a house when dwe got married. We refinanced the house, but it is still in my namel Is the house mine or do we have to split it 50=50.JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: arizonaJA: Have you talked to a lawyer yet?Customer: noJA: Anything else you want the lawyer to know before I connect you?Customer: I am 72 years ld and my wife is 56 and has 3children that are hers from another Husband.

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Ely

Counselor at Law

Juris Doctor

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I was served with California divorce papers in. The

I was served with California divorce papers in Washington. The petitioner indicated in the "Proof of Service of Summons" that a specific document (FL300) was included, which, in fact, it was not included. I want to know what my options are regarding my response and how I indicate to the court that I did not receive this form. I also need help with understanding the process if I am unable to file and serve my response in time, or what my rights & responsibilities are. This case involves children and there is a standing DVPO in Washington against the petitioner.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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How does california deal with division of property/assets

How does california deal with division of property/assets when dealing with incurred credit card debt from spouse?

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Thomas Swartz

Attorney

Juris Doctor

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Attn Lucy, Esq; Missing Financial Statements I have greatly

Attn Lucy, Esq; Missing Financial StatementsI have greatly appreciated the high quality and complete answers you have given me so far. Thank you.I'm in the early stage of a divorce in a community property state (NV). I'm trying to document the financial assets that I owned prior to marriage in 1988 (28 years ago). I have good records (original statements) back to 1993. I also have some statements from 1987.Data in the intervening years are scant or non-existent. So, I may have made additional deposits (using community property funds) and/or withdrawals to the single mutual fund that has remained in my name since inception.Would it be acceptable/convincing to take the 1987 ending balance, multiply it by the documented investment growth rate over the 28 years, and determine a current value for that 1987 asset?There are three possible outcomes of this:1. If the current 1996 statement shows a balance far greater than my calculation, that would mean that I must have made additional deposits. In that case, I would say my calculated result is the value of the 1987 asset alone and any amount in addition to that is a community asset.2. If the current 1996 statement balance is just a little greater than my calculation, that could mean that my start/end dates are not identical to the start/end of the calendar-year growth data published by the fund manager, rounding error, etc. In case I see such minor variance, I would say that my calculation confirms that the current statement balance is the value of the 1987 asset, and there could not have been deposits of community funds (nor withdrawals).3. If the current 1996 statement balance is smaller than my calculation, that would indicate that I made withdrawals. In that case, I would say that the current statement shows all that is left of my separate property. (However, there still might have been some deposits of community funds along the way. If so, this would mean that community and non-community funds were comingled and the whole account would then be considered community property. I don't know how I could rule this out, absent statements that prove that there were no deposits.)So, here is my question: Would it be acceptable/convincing to take the 1987 ending balance, multiply it by the documented investment growth rate over the years, and determine a current value for that 1987 asset? And, if so, how might I overcome the problem in outcome #3?Thank you.

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Lucy, Esq.

Juris Doctor

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Can you tell me what the law in Massachusetts is when it

can you tell me what the law in Massachusetts is when it comes to joint checking account where both spouses are on social security disability and our monthly disability is deposited into that account and my husband isnt living in the home at this time because of legal problems with the courts and i have a 1 yr restraining order on him. can i take money out of that account and put in a separate checking account to continue paying our monthly bills without getting myself into any legal trouble ? i have heard because it is a joint account and i'm trying to pay the bills with the money and we are legally married i cant get into trouble but i really need to find out. please help me. thanks Assistant: Thanks. Can you give me any more details about your issue? Customer: he is living with one of his family members at this time. he has a pre-trial conference hearing Jan 10,2017 for threatening to commit a crime which were threats to kill me, also assault on a household member. he got scammed by an online company in dec and the company was stealing money off his debit/ mastercard. i have been working with the bank to clean up the mess and frozr that card. the bank had me set up a checking account in my name to transfer any funds we could rescue from the joint account was then transferred to the checking account in my name where with temporary checks i paid what ever bills i co

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RobertJDFL

Attorney

Juris Doctorate

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