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How do we declare this as joint property after our divorce? Should we use form FL-142 or FL-160 to declare this?
Gregory's answer
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Answered on December 28, 2015
You are confusing use of the property with ownership. You own the property as co tenants but you have a use agreement as to the alternating years...
Archived
Do we use form FL-160 to declare who owns the property before the divorce or who we expect will own if after the divorce?
Gregory's answer
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Answered on December 28, 2015
The FL-160 reflects the state of ownership of all assets and debts at the time of separation. The judgment or MSA reflects who owns the property...
I want to reactivate divorce that was started 7 years ago. What paperwork should I use?
Gregory's answer
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Answered on December 28, 2015
File a motion for am amended petition to reflect a new date of separation. Make sure that each of you have prepared and exchanged your Preliminary...
Archived
Can I get my marriage annual?
Gregory's answer
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Answered on December 28, 2015
No, you cannot get an annulment based on the simple fact of having a child with him.
Filing an amended petition to compel accounting in probate court.
Gregory's answer
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Answered on December 23, 2015
The CCP 438 section is to be used for filing your amended motion. As to the demurrer, then the 10 day rule applies under the California Rules of...
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Archived
Do I need to own my house as joint tenants "with right of survivorship" to pass it to my wife wihtout probate?
Gregory's answer
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Answered on December 23, 2015
Joint tenancy implies right of survivorship. The title company/escrow company just did a sloppy job of creating the title. BUT strongly suggest...
Archived
Is there any way to have the marriage annulled here in CA?
Gregory's answer
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Answered on December 23, 2015
No as her residence has changed so California does not jurisdiction over the marriage. The proper state to file would be in her current state...
Archived
Can I initiate litigation proceedings on my brother’s behalf without opening probate.
Gregory's answer
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Answered on December 23, 2015
You might be able to file as a "successor in interest" if indeed you are a beneficiary/heir of the estate. Talk to a litigation specialist in...
Archived
How do I finish my divorce if my husband refuses to sign the paperwork and it has been 5 years since I filed against him?
Gregory's answer
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Answered on December 23, 2015
Complicated but it can get done. Ignore any advice from out of state attorney's that tell you you need to start over. If the case is still...
Archived
Is there any way to have the power of attorney reversed or repealed?
Gregory's answer
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Answered on December 23, 2015
Yes, you can file a petition in the state where she currently resides and seek to have it nullified and then seek appointment as her conservator...
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