Archived
Does it matter if a jointly owned property was purchased with a HELOC that was only in one spouse’s name?
Tobie's answer
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Answered on January 25, 2019
The issue is not whose name is on the loan, but when the property was purchased and the source of the funds. This property was purchased during...
Archived
Why can't my client sell his house when he's only on title and split the proceeds 50/50 with his ex-wife who live there?
Tobie's answer
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Answered on January 24, 2019
What does their divorce judgment say about this property? How was the property dealt with in the divorce?
Archived
Can I legally make my soon-to-be ex-husband move?
Tobie's answer
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Answered on January 23, 2019
Getting the house by inheritance means it is your separate property. If you made mortgage payments during the marriage or used community funds to...
What happens when a respondent files the wrong forms?
Tobie's answer
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Answered on January 23, 2019
All it really means at this point in your case is that he has appeared in the case so default cannot be entered. It doesn't negate the relief you...
Archived
Can i file divorce here in the USA on behalf of my sister and brother-in law who resides in the Philippines ?
Tobie's answer
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Answered on January 20, 2019
No. If they do not reside here, they cannot avail themselves of the jurisdiction of the California court system. We have residency requirements...
Archived
Are paychecks received AFTER a party was served with divorce summons (FL-110) subject to the restraining order?
Tobie's answer
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Answered on January 18, 2019
You can do whatever you want with post separation date paychecks. I recommend you open a new bank account and deposition post separation income...
Archived
Can I get help in filling out the forms to dispute a Motion for Summary Judgement?
Tobie's answer
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Answered on January 17, 2019
The only way to defeat a motion for summary judgment in a medical malpractice case is with a declaration from a medical expert, whether you have an...
Archived
What do I do now? hire a family lawyer or mediator or outside of court?
Tobie's answer
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Answered on January 17, 2019
If you don't trust your ex and don't feel that you can negotiate with him and get a fair deal, then mediation is not for you. You should retain an...
How can I get a divorce without paying alimony.
Tobie's answer
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Answered on January 16, 2019
I'm unclear what the connection is between your spouse's threats to get money and the "other woman". California is a no-fault state. Infidelity...
Archived
Is a findings and order after hearing the final step in child custody case?
Tobie's answer
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Answered on January 16, 2019
It's hard to answer this question without knowing what type of process was initiated - i.e. a parentage action; a petition for custody; or a...