In California, when filing for separation. Do I have to list
In California, when filing for separation. Do I have to list all our assets when I file or cAn I just file to start the separation?I was told by people once I file for separation then I won't be financially responsible or linked to anything he does financially after the separation date??I am asking because he is very reckless and drinks and drives and I don't want to be financially linked to him.
In California is inherited property considered "community
In California is inherited property considered "community property" in the event of a divorce. For example, my married daughter & her husband are living in a house that I own and I would like to give her the house but the marriage is rocky and I do not want her to lose the house in a divorce. Would the house only be hers and not community property and how do I go about doing this legally.JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Has anything been filed or reported?Customer: No, marriage is rocky but not near divorce yet.JA: Anything else you want the lawyer to know before I connect you?Customer: I just want to protect my daughter in the event there is a divorce sometime in the future.
My wife informed me the other day that she wants to get a
My wife informed me the other day that she wants to get a divorce. She wants to split everything down the middle. We live in Texas and we've been married 32 years. She wants the divorce to be amiable. We both have IRAs that were rolled over from previous employers' 401k accounts. My IRAs are significantly more than hers. We have no pensions. If I understand correctly, all of the IRA money would need to be divided equally, as well as all of the debt that we have, and the home equity (once we sell) since all of that was realized during our marriage. My question concerns my salary from my current job. I want to know if she can garnish part of my future wages or not, since she makes substantially less money than I do. Also, I want to know if she can garnish some of my social security benefits whenever I am at an age to start collecting social security. She is a part-time school teacher and she runs a small travel business. She has a college degree. I would say her earnings are about 35% of what I make. We are both 57 years old.
Ex husband used me to gain citizenship. Admitted it via text
My ex husband used me to gain citizenship and just admitted via text that he never loved me and he was smart about it. We were married officially 2 1/2 years but he moved out to his own place 8 months ago. I am in the state of CA. He obtained his citizenship during the time we were separated. I've only spoken to a lawyer to do the divorce not about how he used me to gain citizenship.
I moved to nevada recently and am selling my house in
I moved to nevada recently and am selling my house in Florida. My wife(still in Florida ) is now refusing to sign the contract to close. We have been married for 4 years but I bought the house two years prior and my name is ***** ***** the deed. She has refused monetary offers and is using it as leverage to force us together,which I do not want. She is not a U.S. citizen if that matters? Admittedly we are going different directions and have been for awhile. I just don't want to get sued for breach of contract. Help!
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I am currently going through a divorce that my wife served
I am currently going through a divorce that my wife served me after I caught her having an affair. Her lawyer is requesting financial documents from my corporation so they can value it & divide it. I have a S Corp in California. My ex sometimes came by the office to keep me company & was never legally on the corporation. Is this possible that they can request these documents & attempt to divide? The email is listed below, anonymously.Regardless of how the divorce case proceeds, Ms. X confirms that she wants you to produce the documents and other information requested of you by this office in the forms of Form Interrogatories, Request for Production of Documents and Request for Preliminary Disclosure served on you through your attorney of record on August 26, 2016. That is the only way the photography business can be valued and then divided.The law mandates full disclosure of all financial documents and information between divorcing spouses in a divorce proceeding.
Sure thing... I want a divorce from my husband, we have not
Sure thing... I want a divorce from my husband, we have not lived together in for about 28 years, children are grown. I was wondering if it is best to file for divorce in CA where I live, or in NY where we were married and where he still lives. And what should I do to protect my pension so he does not get any of it?JA: Because family law varies from place to place, can you tell me what state this is in?Customer: Am in CA he is in NYJA: Have you talked to a lawyer yet?Customer: no I was thinking of filing on my own since neither of us own prosperityJA: Anything else you want the lawyer to know before I connect you?Customer: no that is it
QUESTION FOR ELY ONLY w/bonus This is a final clarification
QUESTION FOR ELY ONLY w/bonusThis is a final clarification to make sure that I understand well.Talking about property D (the one I bought and hold title, got loan in my name, and is my home) my understanding is the following.You wrote : B) Anything acquired during marriage is community property, unless: ... 3. Declared as such by prenup...and"D - If purchased after marriage with money earned in marriage, and/or, if wife's name placed on deed, then communal property"a.The property is bought after the marriage >> OKb.The property is declared as such by prenup : ??? is property D prospectively considered as such when the prenuptial reads: "Prospective Husband and Prospective Wife waive the following rights: ...To the division of the separate property of the parties, whether currently held or HEREAFTER acquired."and thereafter the prenup reads : "Any property acquired together by the Prospective Husband and Prospective Wife during the marriage shall be considered marital property and shall be divided equally upon the possible dissolution of the marriage."and"d. Each party shall contribute equally to the costs of their mutual housing and utilities OUT OF THEIR SEPARATE INCOME"c. You wrote>> "If purchased after marriage WITH MONEY EARNED IN MARRIAGE" then it's community property.The rules here and the prenup seem to be conflicting because there is a void in the prenup, because he prenup does not read that properties acquired separately are separate properties.(You can answer by YES or NO and if I need further explanations I will post other questions.)QUESTION 1 : typically, are properties bought by one spouse during the marriage legally defined as1."separate" because only one spouse is on the title, but dividable in case of divorce"or2. "community" based on Connecticut General Statues definition of marital assets, saying that any property acquired together OR BY EITHER SPOUSE are dividable marital assets.QUESTION 2 : based on C above, and because I have bought the property with a loan in my name, paid all the mortgage payments with my bank account credited only with my separate income and made the down payment with moneys from same separate bank account, paid the utilities, taxes etc... separately out of my separate income, when this is argued, would there be a high probability that a Court would rule property D as separate non dividable property to remain mine ?QUESTION 3: Property is earned WITH MONEY EARNED IN MARRIAGE but the money was coming from my separate income as defined by the prenuptial. Does this make it community property nonetheless?QUESTION 4 : you wrote also, ... "unless... 4.Traceable property purchased by one spouse only", would this apply to the situation ?QUESTION 5: is the following argument valid: Property D was bought with money earned during the marriage and the prenuptial does not say that properties bought by one spouse only are separate properties, and CT law says that properties bought by either or both spouses are marital assets, so this was bought by one of the spouse with money earned during the marriage and IT IS A MARITAL ASSET TO BE DIVIDED ?
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In the State of Texas, if two spouses agree to keep what
in the State of Texas, if two spouses agree to keep what they own during divorce proceedings, i.e one keeps their 401k, savings, debt and residence; the other keeps their 401K, savings, property and debt, even if uneven, will the judge allow such division?
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