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Pre-Marital Agreement. A California Divorce and Property

Pre-Marital Agreement. A California Divorce and Property settlement. I have a complete Pre-marital Agreement, prepared in accordance to the Pre-Marital Agreements Act and Case Law as Contained in Family Code sections 1600-1617, in which my to be wife and her Attorney signed. Her current attorney representing her in the Divorce/ Property settlement is trying to invalidate it, when the agreement so states the only way it can be invalidated is for a statement is signed so invalidating it?In 2011 - 2012 my health prognosis was not very good as I am 77 and she is 53, I deeded a percentage of 4 properties to her and in 2014, I declared BK and one of the properties that I deeded 25% ownership in was seized by the BK court and sold. That particular property was Homesteaded by me and because of my age I was awarded a $175,000 exemption. The BK Court negated the transfer of 25% in the Homesteaded Property, due to lack of funds being exchanged. The other 3 properties were part of an inheritance in which I deeded the entire 25% ownership to her. These 3 lots were released by the BK court back to her, as they deemed them to have Title Flaws, etc. As far as i am concerned, she can have those lots, however she wants those plus she wants 25% of the $175,000 exemption? I have valid proof that she was the cause of the BK, plus a statement in thye Pre-marital Agreement says; "The parties agree that a change in form of their separate property shall not constitute a change in its characterization and the separate property of each party shall remain that party's separate property regardless of any change in form."I have gone Pro-per and she is on her second attorney, which is being paid for by her new boyfriend, which use to be an old friend of mine. A few twist over 2 years of battle, in which I had to do a Ex-Parte hearing to overturn a court order that was attempting to make me divide the money from the BK court Exemption. Thanks to you and your organization gave me the information necessary to stop it.I need case history of Pre-marital's that were invalidated and why? I also need case history of Pre-marital agreements being upheld in court and why. My agreement contains a provision for Attorney and legal expenses to the prevailing party? Can I ask for that before the final decision or do I have to wait for the final?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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We are buying land and there is a issue that has came up?

We are buying land and there is a issue that has came up? There was a previous owner that when he sold this land to the person we're buying it from ,that he has all hunting and fishing rights for his life as long as he lives. So my question is can he sell or lease those hunting and fishing rights to someone else? That would allow someone else to hunt and fish on our land ?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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I purchased a foreclosed home at an auction that still has

I purchased a foreclosed home at an auction that still has 60 days left before its right of redemption period is expired. The owner is deceased. The property has been occupied by tenants who basically became squatters and haven't paid anyone in months. I made the assumption the property was abandoned by the owners and began getting contractor bids to maintain the property and prevent damage.The deceased owner's heirs announced today that they plan to sell the property. (A realtor contacted me. I am also a realtor, btw.)Questions:-I have closed on the property and signed the HUD1. Am I the owner or is the heir the legal owner?-Do the heirs of the deceased owner have the right to put up for sale signs, show the property to potential buyers, and sell the property? The tenants are very confused. (Realtor code of ethics prevents putting up for sale signs without owners consent.)-Can I negotiate leases and accept rent at this time from the occupants?-Can I do anything to shorten the right of redemption period at this point?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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I live in CA. I want to re-fi my mortgage. I was single when

I live in CA. I want to re-fi my mortgage. I was single when I bought the home. Now I am married. Can I continue to treat this home as my own personal debt without encumbering my wife and her properties (real and personal)? CA is a community property state, does this have any impact on this situation?

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legalgems

Juris Doctorate

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My relationship w/my neighbor has been decent 3 years I've

My relationship w/my neighbor has been decent for the 3 years I've lived next door. Earlier this year I proposed and then paid for half of the cost of removing 2 of his trees that he didn't like located near what he has ALWAYS maintained is the property line. This line consists of small shrubs (about 5' high) planted in a row between our lawns. I didn't like the 2 trees either, especially after one of them caused over $1,000 in damage to my backyard following a windstorm and was essentially dead-standing (after much debate, I finally got him to agree to pay for half of the damage. He maintained that while he was sorry it happened, he didn't feel he should have to pay anything). It was agreed upon that removal of the trees would be of mutual benefit. I told him that once the trees were down I intended to remove the shrubs (which he said he didn't care for anyway) and then put a fence up on what he asserted was property line, and he frequently proclaimed that he was "excited" for the privacy. The fence is now up (about 1 month). I also paid to have another one of his trees downed that was near the front yard property line because I am putting tall privacy shrubs from the end of the fence to the end of our lawns. He also proclaimed that he was "excited" for this privacy too, which would be of mutual benefit. I have not yet put the shrubs in but intended to do so next month. I would like to note that I make all the offers and I pay for everything - fence, shrubs, all at my cost with agreed upon mutual privacy. The reason I offered to pay for half of the 2 trees that were downed was because he is very cheap.Now, after a weekend BBQ with his father in law, a contractor, he is now complaining and threatening to sue because he claims my fence is a few inches over what he asserts to be the property line. He is planning to put an addition on his home and he is concerned about "needing every inch" (our homes are over 200 feet apart). The cost of the fence was $8,000 and the planned shrubs, which I am not doing as I am now expecting a letter in the mail, will cost over $4,000. I am making a sizable investment in privacy that was agreed to be of mutual benefit. What do I do?This seems very, very unfair to me. I have always been nice to him, and offered to pay for things and now he is being a snake. I am, however, fearful that I will be screwed if the line is over further than we thought. I do not want to lose my financial investment (I can't afford it). Thank you so very much for your time.

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Loren

Juris Doctor

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I own a home in Orlando that the mortgage was paid off in

I own a home in Orlando that the mortgage was paid off in 2003 my wife died in 2013 and I remarried in 2015. I have been letting my step-son live there rent free since October. This was so he could payoff some students.We signed a noterized paper saying he could live there rent free and we would sell him the home at a later date. The home appraises for $285,000. My wife has now decided I don't have enough money for her so she plans to leave me plus she wants me to sell him the house for $200,000That is all the loan he can qualify for. She will live her but stays in a separate part of the home until I sell him the house. Since my name is ***** ***** one on the deed and I have owned the house since 1995, which r my options. How do I get arouned the noterized note plus how can I move back into my home with him living there. How do I save my home.

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Irwin Law

Juris Doctor JD

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I own 6 acres of land in the woods (this is in a HOA) the

Good Evening,I own 6 acres of land in the woods (this is in a HOA) the land is in front on a little lake. The easement is in my property and is for a right of way to the other neighbors to access the lake. The deed says I am the owner. The Association says they own it and want to clear the easement of trees etc and want to built a dock. I pay taxes on the land where the easement is and the survey shows that the easement is within the boundaries of my property. Can the Association do what they want and are they co-owners of the easement? This is in Michigan in Gladwin County

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William B. Esq.

Attorney

Doctoral Degree

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I would like to know how we can add a dock easement to our

I would like to know how we can add a dock easement to our home real estate deed. Be it a note referring to the dock or some kind of reference to said dock.About 4-5 years back I went to the town to ask them for dock space on a strip of land they own due to a tax lien deed they obtained in 2004. The town does have a Tax collector's deed to this land and many people over the years have put docks on various parts of this land prior and since the town took possession. The land is on a Lake in the town of Northwood, New Hampshire of which we own a house close to the land. The town never did anything to stop people from building these docks nor did they do anything to document said docks. A select few of the docks have been there for possibly 20 years (adverse possession). The town and previous owner (Bain) just seemed to let things be and nobody paid taxes on said land.About 4-5 years ago I went to the town to ask for some dock space. The town Administrator told me they always meant to do something about the land (docks/use) since they obtained the land but never did. I volunteered to document all the docks and the people who use them and the Administrator agreed. I work with him on this for the next couple months. I found that some people received access easement deeds from the previous owner before/during the time he (Bane) was going to lose the land. The previous owner also attempted to give the land as a gift to the town in lieu of the taxes owed (town declined). I also found parts of the said land that were not being used. I documented every access easement, every dock not under easement but being used and all areas not in use. I submitted my maps/documents/findings to the administrator and was told I could use one of the unused areas and if anyone had a problem to come see him. We worked out an easement deed which states exactly where "my spot" is located. The easement was sent to the town lawyers but was never signed but we still agreed to my use of said area. The administrator told me this area has been a mess for years and was in part documented as stated in 1996 which reads as follows:From Board of Selectmen 1996"Two reasons prompt me to give you my opinion that it would not be worth accepting the proposed gift. First, the combat over temperament of the combatants, regardless of what the courts says. Our police department will probably continue to have to try to keep the peace, and I think it would only muddy the waters and bring on additional headaches for us if we were to end up being an owner of the strip of land that is crossed by all these people. Second, while the Banes are obviously looking to get some sort of tax benefit out of deeding to the Town's title to the strip of land itself, the value of the gift to us is highly questionable, where it would be encumbered by so many easements of individuals to cross the strip to get to their respective docks."After such time of this document from the Board of Selectmen, the town did take possession of the land via a Tax Collector's Deed in 2004, as I stated.After my work with the Administrator, the Town Assessor was tasked to resolve/document the lot/areas in question (LOT 8, Map108). I was given use of this land and have since been paying taxes on said use. This land is now listed on my Tax papers with a value of $12,000. I had a meeting with the Administrator and Assessor a few days ago to go over this. I then asked him if my access deed could be signed but because of the issue stated above: In turn he said, "This paper (pointing to my tax document) gives you the right to be there and this paper (the access deed I wrote out) tells people exactly where your dock in use is." Everything is filed together in LOT 8's file with the town.Now I am wondering if there is some way I can refer to this property in my current home deed.Thank you, Tom

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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What is the proper term your signature on a document and is

What is the proper term for revoking your signature on a document and is there an authority by which you can?

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Ely

Counselor at Law

Juris Doctor

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