Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

My son is the defendant in a pending divorce case. Sizeable

My son is the defendant...
My son is the defendant in a pending divorce case. Sizeable loans were made by me and the defendant's now deceased father - these were made during the 2008 real estate downturn and were used to remodel their home. Our loosely written loan agreements were not filed as liens against the property but were to be repaid upon sale of the property. Property was sold. Plaintiff (my son's wife) refused to pay back loans, saying she did not sign the documents, yet the monies went toward the home she enjoyed. Thus, proceeds from house sale were placed in escrow. What procedure should take place to ensure that these loans are repaid from marital assets? An attempt to freeze the escrow account? And, if plaintiff is entitled to half the marital assets why would she not be responsible for half the marital liabilities?
Show More
Show Less
Ask Your Own Family Law Question
Answered in 9 minutes by:
9/6/2013
Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31,876
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Verified

Kirk Adams :

Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question. I'll be glad to assist.

Kirk Adams :

First, Georgia is not a community property state, so a spouse is not legally liable for the debts incurred individually by the other spouse. So, IF she didn't sign the loan agreement, she would not have any legal liability for the debt.

Kirk Adams :

However, you would be able to enforce the debt against your son. But, since you didn't record a deed of trust to show you were taking the property as collateral/that you claimed a lien, then you may have a hard time capturing the entire proceeds of the sale. If the lien is not recorded, it's not a properly perfected lien.

Kirk Adams :

As for what to do, filing a petition for a temporary restraining order to stop the distribution of the funds until this issue is resolved would be the way to go.

Kirk Adams :

This will provide you with an injunction to stop everything and then make your argument as to why you're entitled to all or part of the proceeds.

Customer:

With GA not being a community property state, does this mean that plaintiff may not be entitled to half the marital assets? She did not contribute monetarily.

Kirk Adams :

No, it doesn't mean that - - exactly.

Kirk Adams :

Georgia is an equitable distribution state as far as property division goes.

Kirk Adams :

This means that the judge/court will divide the property as equitably/fairly as possible. This DOES NOT mean equal distribution - - it means what is fair and equitable.

Kirk Adams :

What judges believe is equitable is a moving target because it involves the judge's discretion on the subject. However, equitable distribution USUALLY results in a 50/50 split of marital assets, but it doesn't have to.

Kirk Adams :

Your son can argue that he has contributed more so he should be entitled to more upon division and distribution of the marital property.

Kirk Adams :

However, how this plays out will ultimately be up to the judge.

Kirk Adams :

Thanks for your questions, and if you need anything further, please don't hesitate to ask.

Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31,876
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Verified
Roger and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago


Your service was excellent - thank you, Kirk.

Thank you for the kind words. I really appreciate it.

 

Also, thank you for allowing me to assist, and if you need anything further, please let me know.

Ask Your Own Family Law Question
Ask Roger Your Own Question
Roger
Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31,876
31,876 Satisfied Customers
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters

Roger is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
How common is it for "equitable distribution" to not be
How common is it for "equitable distribution" to not be equal. I always did the lions share of housework and child raising. (like 80-90%) I also worked far more hours at my business and contributed $1… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,303 satisfied customers
My partner put a temporary restraining order on my soon to
My partner put a temporary restraining order on my soon to be ex husband , I got subpeona to appear at their hearing, I don't have a lawyer I had an adulterous affair. What is my rights? Can I plead t… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
In a divorce, does community property always get granted
In a divorce, does community property always get granted when it's a business that was started with no help or financial help from the spouse?… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
CIVIL RESTRAINT AGRERMENT VS RESTRAINING ORDER What are the
CIVIL RESTRAINT AGRERMENT VS RESTRAINING ORDER What are the pros and cons of a civil restraint agreement versus a restraining order in New Jersey. Specifically, how they relate to background checks, t… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Ray NC law RE: Equitable Distribution and Consent Order. I
Hello RayNC law RE: Equitable Distribution and Consent Order.I understand a Consent Order is just that. The parties agreed and consented to certain things. As such, I believe this is typically not sub… read more
Ray
Ray
Lawyer
Doctoral Degree
30,888 satisfied customers
I am the responded of a restraining order, the petitioner
I am the responded of a restraining order, the petitioner frequently violates the order by calling, texting, and showing up at my house. I have legal full custody of our mutual children and I want to … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,170 satisfied customers
NC, Equitable Distribution laws. Equitable distribution and
greetings-NC, Equitable Distribution laws.Equitable distribution and distributive award.E.D. Judgment: marital home is over-valued. . Broker used the courts over-valued sales price. . 6 months later b… read more
Ray
Ray
Lawyer
Doctoral Degree
30,888 satisfied customers
We spoke yesterday regarding Family Law Custody and Divorce
Hello Chris. We spoke yesterday regarding Family Law Custody and Divorce issues in Florida. I have another question in that regard. Is this the place where I ask you that question?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,888 satisfied customers
Share of 50%of Equitable distribution pay tax? ( husband's
Share of 50%of Equitable distribution pay tax? ( husband's compensation )At the divorce settlement, Share of Marital assets, liquid assets, retirement accounts pay tax?Who's paying tax on?Wife has not… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Its family Law, a divorce one child who is 16 yrs old.
Its family Law, a divorce one child who is 16 yrs old … read more
Ray
Ray
Lawyer
Doctoral Degree
30,888 satisfied customers
Is it possible to file a restraining order against my
Is it possible to file a restraining order against my ex-boyfriend even though we have a child together? … read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
Is it a waste of time appealing a restraining order Renewal
Is it a waste of time appealing a restraining order Renewal in California, Contra Costa county?I am going through a divorce, my X came to my house 7 times and I had to call the cops on her 7 times and… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,545 satisfied customers
I have question re: Family Law/Divorce and a QDRO around
I have question re: Family Law/Divorce and a QDRO around Pension to ex-spouse? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
In CA Divorce how can a restraining order stop my husband
In CA Divorce how can a restraining order stop my husband from selling his property , what form would I need? divorce case the court has jurisdiction, then you ask for an order preventing him from sel… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Family law attorney with international divorce expertise(
Second opinion] This question is for a family law attorney with international divorce expertise( not an immigration attorney)I married my wife in a South American country 15 years ago and sponsored he… read more
Ray
Ray
Lawyer
Doctoral Degree
30,888 satisfied customers
In Arizona with regard to a family law case (Divorce) if
In Arizona with regard to a family law case (Divorce) if there is a property award that should not have occurred because the property is seperate non communal (Gift) and I have filed a notice of appea… read more
socrateaser
socrateaser
1,031 satisfied customers
Divorce settlement equitable distribution amount is up to
Divorce settlement equitable distribution amount is up to the date filed divorce or judgement of divorce? Ny.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,170 satisfied customers
I have a question about equitable distribution in North
Hi Pearl, I have a question about equitable distribution in North Carolina. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,170 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x