Your situation is akin to a post nuptial agreement. In Ansin v. Craven-Ansin, the SJC held that postnuptial agreements are not automatically unenforceable as a matter of public policy. However, not all postnuptial agreements will be enforced by the court. The agreement must pass a five part test. The ultimate question appears to be whether the agreement is fair and reasonable, and the other four factors help provide the evidence.1. Did the parties have the opportunity to hire separate legal...
Good morning and thank you for your inquiry.
The guidelines here on AVVO proscribe against lawyers dispensing legal advice. The information you are seeking amounts to just that - specific, legal advice as to how to proceed to protect assets in the event of an impending divorce. There are too many facts which need to be flushed out, and laws to consider to provide you accurate, professional guidance. Please consider consulting with an attorney. Best of luck to you.
You need to list income from ALL sources. There is even a line item on the financial statement in the first Page entitled "OTHER". However, this information is broken out over the entire year, so, depending on the amount of the gifts, this may have only a negligible effect in your weekly income.
Depending on the type of eviction you file ( 30 day notice to quit or 14 day notice for non payment of rent) anywhere from a month to approximately a month and a half. However, be careful, with a 14 day notice to quit, your roommate has the right to pay rent and "cure" default And therefore remain in the premises. I would not recommend going about this in your own. The Uniform Rules of Summary Process are very particular and fraught with pitfalls for the unwary. Even though hour roommate is...
Massachusetts General Laws, chapter 186 section 15 b sets forth, very clearly, the law relating to security deposits. From what you have provided thus far, you may do well to familiarize yourself with these provisions. If you have violated any of these privisions, you would do well to 1. Try and negotiate a resolution, cutting your losses or 2. Engaging counsel to handle the matter for you. Landlord/Tenant law is rife with pitfalls for the unwary. I hope this helps. Best of luck to you.
Yes. Of course, it is more cost effective, and less time consuming to work head things out prior to having a trial. This is where he efforts of two experienced attorneys with their clients' best interests in mind can work together towards an equitable resolution. I hope this helps. Best of luck to you.
If you have experienced what is called a Material Change in Circumstances, and it appears you have, you can file a Complaint for Modification with the Court. Best of Luck to you. I hope this answer has been helpful.
Honestly, I have never encountered such a claim, outside the context of a marital dissolution proceeding wherein the division of marital assets was at issue. Are you now in the process of divorce, or contemplating divorce?