Elaine Ryzak Fraser’s Answers

Elaine Ryzak Fraser

Burlingame Divorce / Separation Lawyer.

Contributor Level 5
  1. Married for 12years...stay at home mom with 2 kids...want a divorce because of cheating spouse

    Answered almost 2 years ago.

    1. Elaine Ryzak Fraser
    2. Edmund Lee Montgomery
    3. Donald Frederick Conviser
    4. Alexandra Rachel Lavinsky
    4 lawyer answers

    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.

    3 lawyers agreed with this answer

  2. 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?

    Answered about 3 years ago.

    1. Elaine Ryzak Fraser
    2. Frederick Prescott Hayes
    2 lawyer answers

    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.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

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

    Answered about 3 years ago.

    1. Elaine Ryzak Fraser
    2. Edmund Lee Montgomery
    2 lawyer answers

    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...

    1 lawyer agreed with this answer

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