Both my ex-wife and I work and both had retirement funds. In
Both my ex-wife and I work and both had retirement funds. In our divorce we had no joint property or community assetts and that neither wanted any retirement money. We also agreed that there was no spousal support or funds from one party to the other. 2.5 years after our divorce I cashed out part of my retirement to purchase a home and pay off bills. Is my ex entitled to that as community funds?
Counselor at Law
I am in a ca registred domestic partnership. While togeater
I am in a ca registred domestic partnership. While togeater my partner obtained a 1993 honda which after the breakup we agreed and have a written contract to sell to me for 1800.00. i paid him 400.00 and have signed recepit for all of this. Now he has signed title gifted it to his son. He is asking for this in his ex parte order taking place tommorrow. I want to retain ownership. What are my legal right /options since this was joint property and not sole and separate as his attorney has stated. I also am on his health insurance i want to stay on his health insurance. Once again we have a contract on this item also.
I am getting married to my fiancé who is a US citizen.
Hi,I am getting married to my fiancé who is a US citizen. I have never been married before and I am a Turkish citizen. My fiancé is divorced and he has 3 grown up kids (their ages are 26-23). He is paying spousal support to his ex-wife.I want to get a pre-nuptial agreement before we get married.What are the advantages and protections provided by pre-nuptial agreement?Also, Can you please provide me a good sample of pre-nuptial agreement?Thank youBirgul
I filed a motion Objecting To Magistrate's Decision in my divorce
I filed a motion Objecting To Magistrate's Decision in my divorce case. The Magistrate ruled, 2 homes involved in the case were Marital property, which I believe is an error. In my objection I stated the property should have been considered Seperate Property, one I owned prior to the marriage, the other I inherited during the marriage. The magistrate divided the property equally. It should not have been included in Equitable Distribution. The Judge dismissed my motion because I didn't submit a transcript of the hearing within 30 days. I was not objecting to finding of facts which would be covered in a transcript, but to his conclusion of law which does not require a transcript. I'm acting Pro Se and have been ignored and disrespected through out this case. I have lost all faith in the court system. Now I must file before the appellate court and wonder will I be heard there. From the beginning I thought the law would prevail but apparently not in a corrupt court. Is there anything you can suggest on how I should proceed.JA: OK. The Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: I had an incompetent lawyer who took my money but did not work on my behalf. I'm 65 and after 22 years of marriage, my employment options are limited to part time minimum wage jobs. My only option after my lawyer used his retainer was to go Pro Se. The law is very specific in marital and seperate property. This is a travesty of justice. Another case of he who has the gold rules.JA: Is there anything else the Lawyer should be aware of?Customer: His attorney first suggested my ex be entitled to half of the appreciated value on the property. I sited Brandenburg vs. Brandenburg which held the only contributions to be considered in the increase in value were funds of the non-titled spouse used to lessen the lein and I also said any increase in value was due to the passive appreciation due to the rising values in the housing market. We had three 3 hour hearings with the magistrate. At the very end of the third hearing in closing he changed strategy and said the property should be marital because my ex who is a contractor by trade, did work on the house and I put his name on a quit claim deed to get an equity loan to change the property we would live in from a 2 family to a single family. The home was paid for when we married. No mortgages or encumbrances. The equity loan was for $50,000. and still has $41,000 owed which I will have to pay. He also ruled the property I inherited, which is rented out to tenants should be given to my ex. I can't believe this can happen. This is just wrong.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
My sister moved to south Carolina with her husband of
Hello, My sister moved to south Carolina with her husband of 1 year and bought a house with her money. The deed and mortgage are both in her name. She if in a terrible marriage. Her husband does not work, is an alcoholic, and verbally abusive. My sister is 8 months pregnant and wants her husband out of the house. The police have been called to her house several times, but they can't do anything. SC law requires the parties live in separate residences for at least a year, but she get him to leave so she can file for divorce. Any suggestions?
My spouse & I have a 2012 prenuptial. I already owned a
My spouse & I have a 2012 prenuptial. I already owned a separate property house. Spouse paid 1/3 & I paid 2/3 when we bought a joint house before the prenup.The prenup says that:1. My separate property house mortgage shall by paid from community income.2. to compensate, my spouse's equity in our joint property will increase by 5% per year until spouse owns it completely.The exact language, with names removed is: "(my spouse's) increased ownership in the Joint residence is intended to approximately equal (my) increased equity in (my) separate residence - thus be an equivalent allocation of community property assets."My question: The mortgage has 12 more years. If I prepay a large amount i.e. 1/3 of my remaining mortgage principal, which will shorten mortgage duration, would my spouse continue to accrue 5% interest in our joint house even when no further mortgage is paid from our community property account, since there won't be any further draw on our community property assets 5 years from now when mortgage is paid off? Or, do I need an amendment to the agreement to achieve this?
I am curious if I can collect interest on money that is owed
I am curious if I can collect interest on money that is owed to me by my ex-husband. This is due to me only after joint property sells as part of him owning the large parcel of land he was awarded so he would not have to sell it. He had no way to pay for it at the time, but we have a restaurant for sale and he doesnt have to pay me until it sells. However he now has a home on that land in which he could put a loan against it to pay me off with a home equity loan as well, should I also take him back to court to get paid up now, or just ask for insterest while I wait. ?