Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I have attached our previous conversation and the judges…

I have attached our previous...
I have attached our previous conversation and the judges conclusion.How can he rule that I was only entitled to receive 25%? It seems that the law clearly states I would receive 50%.***Did the judge rule against the law?The judge confirmed that the title was held in Joint Tenancy. As I understand it, Joint Tenancy can be severed and transferred to whomever without consent of the other parties. This property was held in "Joint Tenancy" it was not held as community property.I will provide a good tip for your complete response.
Show More
Show Less
Ask Your Own Family Law Question
Customer reply replied 1 year ago
This question is for Phillips Esq.
Answered in 5 hours by:
10/21/2016
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 22,821
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Ask Your Own Family Law Question

Thank you for requesting for my assistance once more.

I have reviewed the attachments. In the "Conclusion" page the Court cited Civil Code Section 682(a), there is no such subsection. The relevant Code Section is Section 683.2. Based on my understanding of that Code Section, you are entitled to 50% of your mother's interest in the property because the transfer was made before her death. The Court for some reason is not making that distinction, but the Court should. If the transfer was made after her death, your share would be 25% pursuant to Probate Section 6401 if there is no Will. However, if she transferred her share to you while she was still alive, that should be 100% of her share, 50% of the entire property in accordance with Civil Code Section 683.2. So, the Court appears to be wrong here in only awarding you 25% of her share. You are entitled to 100% of your mother's interest in the property.

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 22,821
Experience: B.A.; M.B.A.; J.D.
Verified
Phillips Esq. and 87 other Family Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 22,821
22,821 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

Phillips Esq. 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

11,971 satisfied customers

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

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 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.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
I need assistance in Texas in regards to Probate. Ray passed
I need assistance in Texas in regards ***** ***** Ray passed away without a will, Janet his wife is on the deed for the house. Since there is no will are Ray's grown children (youngest being 50) entit… read more
LegalGems
LegalGems
Juris Doctorate
12,822 satisfied customers
One attorney here on Just Answer told me that the camp
One attorney here on Just Answer told me that the camp trailer is marital property and goes to me by right of servivorship. I told every attorney I live in Idaho, a community property state. What is t… read more
LegalGems
LegalGems
Juris Doctorate
12,822 satisfied customers
I asked you in past if I could negotiate my rears with ex
Good Morning, I asked you in past if I could negotiate my rears with ex wife and you mentioned it is all up to her and I asked all the details about the legal paperwork that would need to be prepared … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Divorce – Reimbursement of Contribution In dividing
Divorce – Reimbursement of Contribution In dividing community property during divorce in Nevada, “If a party has made a contribution of separate property to the acquisition or improvement of property … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Can a deed transfer serve to convert the deed from a joint
Can a deed transfer serve to convert the deed from a joint tenancy to a tenant in common? With out mention that it started as a tenancy incommon? See attache as proposed deed transfer from joint tenan… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
In a marriage of 27 yrs in State of WA I understand the case
In a marriage of 27 yrs in State of WA I understand the case of Rockwell applies. But I have Inherited property in the state of MAssachusettes from my parents. Can this be used in the division of prop… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
Situation: House purchased by husband (2002) before marriage. house va
Situation: House purchased by husband (2002) before marriage. house value is unchanged after down market until wife is put on the title of the home (2011). House doubles in value at time of separation… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
I'm Fern Jack R. I'm a divorced and single mother of six
Hi, I'm Fern Jack R. I'm a divorced and single mother of six adult children. My ex is back in my life. We bought a home together before marriage, he says should I pass before him, he will sell the hou… read more
LegalGems
LegalGems
Juris Doctorate
12,822 satisfied customers
My father and i have joint tenancy with right of survivorship.
Hi, my father and i have joint tenancy with right of survivorship. He just passed. Does this mean the mobile home belongs to me 100%? I am currently living in San Jose, CA. His 2nd wife said he left a… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
My paper and hearing at divorce court is done. The divorce
My paper and hearing at divorce court is done. The divorce will be done at the end of this month. However, although my ex husband gives me all the right of the car and the house we bought together ( I… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
I am considering filing for legal separation from my spouse.
I am considering filing for legal separation from my spouse. I temporarily moved out of our home in November of 2013 for work reasons. I anticipate remaining out of our home indefinitely. How would th… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
Hi, I have been divorced for 6 years and am now dating a man
Hi, I have been divorced for 6 years and am now dating a man who does not live in the same town. My original custody agreement for my 3 sons included "Judge Brown Rules", however, last year we went ba… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My husband owns a hunting camp un north. He has his son and
My husband owns a hunting camp un north. He has his son and daughter-in-law on the title also (as they were supposed to be partners, 50/50). The son has paid nothing. My husband wants my name on the t… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,366 satisfied customers
My domestic partner refinanced her loan and i am the co-borrower
My domestic partner refinanced her loan and i am the co-borrower i'm being added to title how should be obtain title in California?… read more
socrateaser
socrateaser
1,031 satisfied customers
Divorce and a Foreclosure Action two courts same time frame.
This issue concerns a subject matter jurisdiction in a foreclosure action, a tenancy with right to survivorship and not tenants in common, and a conflict of interest issue. All issues relate to a fore… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
My husband has a large sum of arrears from back child support
My husband has a large sum of arrears from back child support to the tune of $33,000 that he acquired before we were married. He works, pays child support regularly every month through wage assignment… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
I bought my house in California in 1994 when I was single and
I bought my house in California in 1994 when I was single and then got married in 1995. I held title to the home in my individual name till 2001 and then changed the title to Joint with Right of Survi… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
My father-in-law passed away recently. He had a Will which ...
My father-in-law passed away recently. He had a Will which left everything to my mother-in-law. He had several credit cards in HIS NAME ONLY. There was no estate open w/the Court system. I am filing a… read more
Dan
Dan
Semi-Retired; Part-Time Consultant
Doctoral Degree
872 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