Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This question is about my son's legal situation. s wife of…

Customer Question
This question is about my...
This question is about my son's legal situation. His wife of more than 15 years
unjustly accused him of hitting their son and she got protection order against him and had him shut out of his own house. This happened in June of 2015. Moreover, in his house my son worked in his own business, managing his own old age home for 4 clients. He had very good income and after he was shut out of the house his wife and her mother took over the business. My son was arrested for hitting his son but was bailed out immediately.
His wife filed for divorce immediately after shutting him out of
his house. Their divorce trial or closing will be in May, 2016. His wife
wants his house and business and everything. There is a mortgage on the
house of 250,000. My son financed his wife's education as a nurse and paid
for her whole family to emigrate to this country, etc.
My son pleaded guilty to a lower charge for hitting his son even
though he wasn't guilty of the charge( I disagreed with his doing this).
My son would like to save his house. He had a prenuptual contract
with his wife when they first got married or before getting married giving
him his house which he and I bought way before his wife came to
the United States on a fiancé visa.
My question is whether under Washington law, my son could
possibly save his house legally by quitclaiming his house to me?
And then could I have his wife and son evicted.
His attorney says that he can't do that because the divorce has been
filed already and that he must share his house with wife.
Thank you
Ana Maria
Submitted: 2 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 4 hours by:
1/23/2016
Family Lawyer: S. Kincaid, Family Law Attorney replied 2 years ago
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2,567
Experience: I have practiced family law since 1996, focusing on child custody and domestic violence
Verified

Quit claiming the house to you would not help because the divorce is pending and there is a dispute as to the ownership of the home. The fact that the home was acquired before the marriage would normally mean that the house is his separate property. That would change if your son added his wife onto the title. The prenuptial agreement is a second reason that the house should be his separate property. Without seeing the prenuptial agreement, I can't tell whether it's valid. But even if the property is determined to be your son's separate property, in Washington, the judge can give one party's separate property in the divorce, in order to equalize the division of community property. Let me give you an example of how this can work. Suppose a husband and wife own a house worth $100,000. If he keeps the house, he would owe the wife $50,000. If he doesn't have &50,000, the court can order him to give $50,000 of his separate property to his wife to pay her for her portion of the community property.

Did this answer your question? Do you have any other questions?

Ask Your Own Family Law Question
Was this answer helpful?
Ask S. Kincaid Your Own Question
S. Kincaid
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2,567
2,567 Satisfied Customers
Experience: I have practiced family law since 1996, focusing on child custody and domestic violence

S. Kincaid 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
I am drafting a prenuptial agreement before registering my
I am drafting a prenuptial agreement before registering my marriage in Chicago in Aug. In 2019 we will both live in Boston for at least a few years. I have a property for sale and will use that procee… read more
Ray
Ray
Lawyer
Doctoral Degree
32,944 satisfied customers
I have a child from a previous marriage and got divorced
i have a child from a previous marriage and got divorced years ago..i have a daughter with disabilities she is autisum..my ex is receiving SSI benefits..for years ive been giving child support of cour… read more
fiftyshadesoflaw
fiftyshadesoflaw
Juris Doctor
83 satisfied customers
I want to file for divorce after 3 yrs of marriage because
I want to file for divorce after 3 yrs of marriage because of domestic abuse. I'm currently trying to convince my husband to go the mediation route. I haven't filed for divorce yet, but I have been li… read more
Ray
Ray
Lawyer
Doctoral Degree
32,944 satisfied customers
I live in a community property state, Texas, and I have been
Hello, I live in a community property state, Texas, and I have been married for 8 years and a male age 47 . Wanted to get some legal advice as to what would considered community and separate property? I purchased my house nearly one year before marriage which is on of my biggest investments although I created a business that I really on for finances shortly after marriage? … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
After a 9 year marriage that is in the process of Divorce in
After a 9 year marriage that is in the process of Divorce in the state of Missouri, I have a few questions. There is no pre-nup and no dependents. 1. Are assets accumulated personally prior to marriag… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
I was divorced in 2002 after ten years of marriage, got full
Hello, I was divorced in 2002 after ten years of marriage, got full custody of our two boys. He was ordered to pay $648/month bc we had to imoute income and he hadn't worked in the past year so it was… read more
Sean K
Sean K
Attorney/Member
JD
751 satisfied customers
I have a question about community property law in Texas. I
I have a question about community property law in Texas. I have a friend who just lost her husband. They have no children, but he has a child from a previous relationship. They just bought a house in … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,415 satisfied customers
My question is about a prenuptial agreement my (now
My question is about a prenuptial agreement my (now deceased) husband and I made. I'm it, we agreed that all our present and future assets would be held separate. Later on, he contacted the VA to add … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,398 satisfied customers
How can l point to the prenuptial agreement that lists the
How can l point to the prenuptial agreement that lists the outcome or settlement of our divorce. The prenup outlines that should we divorce and sell our home we lived in 7yrs ago (35% to me and 65% to… read more
Ray
Ray
Lawyer
Doctoral Degree
32,944 satisfied customers
I live in Oregon which is a community property state. I have
Hi Pearl, I'm Bob. I live in Oregon which is a community property state. I have a financial question about how money can be distributed based on how it came into the marriage. When I met my wife I had… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I know Illinois is not a community property state, but I'm
I know Illinois is not a community property state, but I'm wondering if ‘gifts' given throughout a marriage belong to the recipient, or the giver. This is in regard to a divorce.… read more
Sue
Sue
Juris Doctorate
520 satisfied customers
I constructed a prenuptial agreement prior to my marriage in
I constructed a prenuptial agreement prior to my marriage in Washington state, without a lawyer and we both signed in front of a notary 9 days before our wedding. Will I have any trouble enforcing It?… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My boyfriend wants me to sign prenuptial agreement before we
My boyfriend wants me to sign prenuptial agreement before we get married. What are the disadvantages for me if I sign that? We reside in California. Can you please explain if the advantage or disadvan… read more
socrateaser
socrateaser
1,031 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
If a business came into marriage is it part of the divorce
If a business came into marriage is it part of the divorce ownership n name never changed at marriage … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,040 satisfied customers
My husband and I have a prenuptial agreement; filed/live in
My husband and I have a prenuptial agreement; filed/live in Arizona. Can my husband's ex-wife sue for my lottery winnings? It is clearly stated in our prenuptial that any future windfall, inheritance … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,398 satisfied customers
My fiance and I did a prenuptial agreement online on Rocket
Hi, My fiance and I did a prenuptial agreement online on Rocket Lawyer. The prenup agreement is relatively defensive for both of us. We will sign tomorrow the agreement in front of a public notary. We… read more
xavierjd
xavierjd
Juris Doctor
3,361 satisfied customers
Not for Ray and only lawyer, Prenuptial agreement said,"
Not for Ray and only lawyer,Prenuptial agreement said, " 50-50 division ( of net proceeds from sale or otherwise ) between the parties in the event of dissolution of the marriage. "Dissolution of marr… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
59,234 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