Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
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: 20,592
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: 20,592
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: 20,592
20,592 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
Is it legal for mother to visit Child at Daycare or school
Is it legal for mother to visit Child at Daycare or school during dad”s custodial time? I haven't seen my son for 4 days and I really miss him. I planned to see him briefly and give him a toy. Would i… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
580 satisfied customers
My daughter lives with her mother, who is unemployed and
My daughter lives with her mother, who is unemployed and lives with her parents. She doesn't file taxes because she has no income, but her mother says that she has the right to claim my daughter, her … read more
Sue
Sue
Juris Doctorate
297 satisfied customers
My son is married and the mother has taken the child and
My son is married and the mother has taken the child and refuses to tell him where she is. She's not With the mother. Can he call police and go get his daughter?… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
If a father and a mother have agreed on the termination of
If a father and a mother have agreed on the termination of parental rights (of the father) to a child, and a judge (in Illinois) signed the order, can it be possibly invalid or reversed by the mother … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,587 satisfied customers
Mother and father not married - 2 children - co-parenting:
Mother and father not married - 2 children - co-parenting: non-judicial agreement - mother has advised the father that he is not permitted to see the children - mother has applied for child support & … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,298 satisfied customers
I reside in Oklahoma which is a mother state. The father of
I reside in Oklahoma which is a mother state. The father of my child and I were never married. He is on birth certificate and signed acknowledgement of paternity. Here in Oklahoma he has no rights as … read more
Ray
Ray
Lawyer
Doctoral Degree
31,355 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
My wife is nauruan with a half marshallese mother. I was
My wife is nauruan with a half marshallese mother. I was about to file for our spousal visa but she informed me she just found out her mother could go back to the marshalls and claim citizenship . she… read more
Sue
Sue
Juris Doctorate
297 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 mother has been married to my mother for 40 years. They
My mother has been married to my mother for 40 years. They have been separated for 20 years. He paid child support but they were never legally separated or divorced. She was a stay at home Mother and … read more
Edward Young
Edward Young
Juris Doctor
206 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
11,758 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
REGARDING COMMUNITY PROPERTY IN LOUISIANA. MY ATTORNEY IS ON
YES MY ATTORNEY IS ON VACATION AND I FOUND OUT TODAY THAT HE HAS WITHDRAWN HIS 401 K … read more
LegalGems
LegalGems
Juris Doctorate
11,031 satisfied customers
My spouse and me have a community property (our house) in
My spouse and me have a community property (our house) in California. What happens if he makes a valid will where he wants to inherit his half of our home to children from previous marriage. Do I have… read more
Ray
Ray
Lawyer
Doctoral Degree
31,355 satisfied customers
My son is divorcing in WV, a community property state. The
My son is divorcing in WV, a community property state. The soon to be ex-wife wants to keep the engagement ring, no doubt to sell it. However, center diamond is a family diamond. I gave my son the dia… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,683 satisfied customers
If I don't have any community property with my spouse do I
If I don't have any community property with my spouse do I have to fill out FL-160. Can I just mark "There are no such assets or debts that I know of to be confirmed by the court"? … read more
Ray
Ray
Lawyer
Doctoral Degree
31,355 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