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Elaine Ryzak Fraser

Elaine Fraser’s Answers

3 total

  • Married for 12years...stay at home mom with 2 kids...want a divorce because of cheating spouse

    share a home but was not under my name

    Elaine’s Answer

    The issue of a home not under your name is a bit complicated. I would need to know more facts. However, even if your name is not on the deed, and money earned by your spouse during the marriage was used to pay down the principal on the mortgage, the community estate (you and your spouse) may have earned an interest in the house.
    You should discuss this with an attorney who works with Family Law and Divorce issues.

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  • My ex husband personally handed me court papers to modify custody. I know HE can noot serve me. What will happen in court?

    He handed me the papers for a court date. I know a party to the action can not serve me. I did not get papers to file a response. What will happen in court? will it be to my advantage that he served me incorrectly?

    Elaine’s Answer

    You are correct that a party to an action can't serve you. He will need to file a proof of service with the court to show that you were properly served. The problem you face is that he may file the papers indicating you were served correctly, even if you weren't. He may not know the rules, as you do. You can go to the court (or perhaps view it online) to see what he has represented to the court regarding the proof of service. Most importantly, however, you don't want the court to go forward on the court date and make decisions without hearing your side. So, chose carefully how you wish to proceed.

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  • I've been separated for 1/2 year, am buying new house with my own separate funds. Do I need a quitclaim from my estranged wife?

    We both live in California.There will be no spousal claims on the separate funds used or the newly acquired property. Thank you.

    Elaine’s Answer

    Since you are still technically still married, you would hold title as " your name", a married man, as his sole and separate property."
    Because you are still married, it is common for the title company to require your spouse to sign a quit claim deed so as to insure there are no issues in regard to ownership in the future. This protects everyone, including you, your spouse and the title company. It shows that they did their due diligence.

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