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: 21,669
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: 21,669
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?
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 21,669
21,669 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

11,875 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
If Mother's Day weekend is on the Fathers weekend and The
If Mother's Day weekend is on the Fathers weekend and The mother has the kids. Is his weekend lost? And the mother can have 3 weekends in a row? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,701 satisfied customers
If a mother and daughter team are denying a developmentally
If a mother and daughter team are denying a developmentally disadvantage aunt access to her older brother while also trying to steal the family home property,m doing this in the presents of three kids… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Mother was receiving child support. Mother moved to va but
Mother was receiving child support. Mother moved to va but son wanted to stay in ny. Son bus picks him up at grandparent during the week sleeps at grandparent and father will keep him on weekends or w… read more
LegalGems
LegalGems
Juris Doctorate
11,915 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
Is nc a common law state or community property state when it
Is nc a common law state or community property state when it relates to wills and spouses? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My children are complaining to me that there mother and
My children are complaining to me that there mother and stepdad both text and drive, which is illegal in Illinois and just as dangerous as DUI. I've asked them to stop and they have not. Two of my pas… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,806 satisfied customers
Is it possible for a mother to voluntarily terminate her
Hello, is it possible for a mother to voluntarily terminate her parental rights irrecoverably? I'd like to settle a divorce with my soon-to-be-ex but I want to make sure that she will never, ever, eve… read more
Bill Attorney
Bill Attorney
law
2,235 satisfied customers
In Florida, if a mother is married but separated (but
In Florida, if a mother is married but separated (but perhaps not legally so) and has a child with another man she is not married to. The biological father signs the birth certificate, but the mother … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,428 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
430 satisfied customers
In the FL-160 for my community property listings, I have
In the FL-160 for my community property listings, I have listed a bunch of credit cards we had, but the problem is that some of the cards I had do not allow me to go back to get previous statements. I… read more
socrateaser
socrateaser
1,031 satisfied customers
My mother took in her infant sister after their mother died
My mother took in her infant sister after their mother died and raised her as her child. No adoption was ever done. My mother's will states that her children should divided between her children. Shoul… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I live in and my husband and I signed a community property
I live in Washington and my husband and I signed a community property agreement. He passed recently and I discovered that his daughter is the beneficiary of an annuity. … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,415 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
My mom got a living trust, I am on a joint tenancy .my
My mom got a living trust , I am on a joint tenancy .my sibling who I disdain claims and insist property's sold goes to trust I receive no $ till mom dies. $ goes for health care… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Community property question: If a single guy in the process
Community property question: If a single guy in the process of buying a house, loan is under HIS name and downpayment is made with HIS financial assets, but the house closes after the wedding, is the … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,398 satisfied customers
If you werte married in a community property state and one
if you werte married in a community property state and one spouse moves to a non community state does that remove the community property factor … read more
Expert James
Expert James
Doctoral Degree
12,099 satisfied customers
I have a question concerning communal property in the
I have a question concerning communal property in the Dominican Republic. In 2013 I paid for a house and gave my girlfriend 40% ownership. All bills for improvements and monthly upkeep have been paid … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 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