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Recent Division of Property questions

I have somewhat of a unique situation, I'm sure you love

Hi there:I have somewhat of a unique situation, I'm sure you love hearing that lol. I have lived in the same house for 50 years (my childhood home), my husband has lived there for 25 years. My mother and father are on title and they added both my husband and I to title approximately 8 years ago prior to my mother's hip replacement for beneficiary reasons (basically that if my mother didn't survive the surgery my father wouldn't be able to lose the house due to his mismanagement of money). My father passed away about a year after that and my mother passed away on January 28th of this year. So all four of us are still on title but my parents are on the mortgage loan that I have been paying since February. I am in the process of pursuing a divorce after 24 years of marriage due to his alcoholism.I was told that he is only entitled to 1/4 of the equity earned from the time he was put on title until the date I file for divorce (or separation date, I forget which so if you could let me know that would be great) and need to obtain a historical appraisal to find out that amount of equity. Is this accurate? Would I just state this in the divorce decree and then have to pay him off within a certain time period?Also, I had two brothers, one passed away on April 27th of this year and the other one I cut ties with due to his abuse on April 28th of this year. Is my living brother entitled to any part of my home (even though he isn't on title) through inheritance? If so, what would he be entitled to? Half of my parent's half? Is there anything I can do to protect myself if this is the case?Thank you in advance for any guidance you can provide, I truly appreciate it. To say that my life is hell right now doesn't begin to cover it.Thank you again,Paula D.

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LawTalk

Attorney at Law

Juris Doctor

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My husband and I have been trying to purchase a house in

My husband and I have been trying to purchase a house in Haines, Alaska since January 7, 2016. It is a FSBO and we hired a buyers agent. The seller has given us a very difficult time, including refusing to work with our agent after a couple of months because she required that he sign paper work on time! Closing was supposed to happen last week. At the last minute, the owner's former girlfriend hired an attorney and a lis pendens was started which put a cloud on the title. Although Alaska is not a community property state, does not recognize common law relationships, nor was the girlfriend on the mortgage or deed, there is a 10 year old child and child support issues. The plaintiff agrees to let the sale go through only if 1) the proceeds are split 50-50 OR 2) the proceeds are all held by the court until the division of property issue is settled. The seller is only willing to put 50% of the proceeds to be held by the court. The over $10k we have invested so far is at stake, not to mention that my Husband really wants the property. We are willing to wait, but concerned about our rights. The mortgage and title companies have been helpful, but there is only so much they can do.Can I hire the girlfriend's lawyer to represent us? Should I find a different lawyer? Do we have any rights? We live in Washington state and are trying to move back to Haines, AK.

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LawTalk

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Juris Doctor

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My wife quit claimed 50% of her house to me 6 months ago.

My wife quit claimed 50% of her house to me 6 months ago. Now we are divorcing and she claims that because it was only 6 months ago I'm not entitled to any of the property. Is that true?

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J. Warren

Attorney

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In the division of property in a divorce contract, and the

In the division of property in a divorce contract, and the wife and I agree that she does not want any part of the house, or money and that I am to take over the payments (as I have been doing), is their any need to do a refinance?

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Samuel-II

Attorney

Doctoral Degree

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How do I get information on a lis pendens that was filed?

How do I get information on a lis pendens that was filed?There's a divorce case taking place in my family and I'm monitoring updates for one of the parties. Last year, a lis pendens was filed on a house that's marital property. It was filed well after the house started going into foreclosure. I checked the case in the court house computer system. I am aware that a lis pendens is a lien that signifies a pending lawsuit. However, I was not able to find information on any lawsuit in the system. How do I figure out what is going on? Is it possible that the other party filed a lis pendens and simply never filed the lawsuit? If and when a lawsuit is filed, would it be a separate case or would it be a part of the divorce case?

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William B. Esq.

Attorney

Doctoral Degree

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If he and I were separated one year now and he has

If he and I were separated for over one year now and he has not paid anything towards the mortgage on the house, is he still entitled to full 50% of the equity on the house once it's sold?

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Gerald-Esquire

Juris Doctor

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My husband and I have decided to divorce. It was mostly

Hi, my husband and I have decided to divorce. It was mostly a mutual decision, and he is going to pay me my half of the house. We each had always kept our own separate bank accounts. I would like him to pay me now so that I may go out and purchase a house of my own. I think he would be agreeable to this, even though the divorce wouldn't be technically final for another couple of months. My real estate agent has cautioned me to check with a lawyer first, because I guess he could turn around and say the new house is now community property. I rather doubt he would do this because if he does, he would have to claim his classic cars as community property, and I have agreed not to go after those items as community property. What do you think about this?

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Ely

Counselor at Law

Juris Doctor

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Thank you advice on buying a home with my mother! Do I need

Thank you for your advice on buying a home with my mother! Do I need a lawyer to write up the agreement concerning the division of property ownership.....or can we write an agreement ourselves and have it notarized?

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Richard

Owner

Doctoral Degree

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Thee is a radon system in my home. It used to shut off,

thee is a radon system in my home. It used to shut off, turning the water system off. On a regular basis. I then flipped the breaker and told my ex to have it check. He would not. He was responsible for the bill... He has no moved out, and after beingout for a year has claimed constructive eviction because of the radon system being off. i responded to that with an emai,asking him why he didn't just fix the system? Well, now he has written that I broke the system and he will not help pay for it being fixed...Low in behold I went down to flip the system on and it appears to really be broken. So now he has damaged the system and to sell the house it has to be fixed, in addition has an email from me which makes it look like I broke it... What do I do?

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Gerald-Esquire

Juris Doctor

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