Archived
Is it possible to settle out of court with a house involved? We both want to live in it. Surprise divorce on me, wife
Gregory's answer
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Answered on April 15, 2015
Yes all of that is possible. But, you are, by law entitled to a community property share of his retirement that was accumulated during the marriage.
Archived
MY MOTHER HAS BECOME ILL AND IS HOSPITALIZED. THE WILL SHE HAS WAS FROM MY GRANDMA WHO PASSED 3 YEARS AGO.
Gregory's answer
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Answered on April 15, 2015
Your grandmother's Will is not your mom's Will. If your mom is relying on this, then your mom probably has no Will. If your mom needs a...
Will a Cease and Desist letter to wife hold up in court?
Gregory's answer
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Answered on April 15, 2015
Stop using your son to do your communications with her. Write her a letter. Change the locks.
Archived
What's is the court's "job" in noting missing funds from an decedent's bank account after death?
Gregory's answer
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Answered on April 15, 2015
A probate court has no power to do anything unless requested by one of the parties. If the accounting is wrong, then you must file an objection to...
Archived
Is it true in CA that if one of divorced party marries, when house is sold, the new wife gets part of the funds after sale?
Gregory's answer
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Answered on April 15, 2015
No. Where did you hear that? Any proceeds from the sale of a house in a divorce are to be divided between the parties. A new wife is not part of...
Archived
At the time I was married, my husband had a retirement account, we r divorce now and he's retired,can I get a portion of that.
Gregory's answer
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Answered on April 15, 2015
You probably have a community property interest in the retirement plan. But it would be on the increased value from contributions made from the...
Archived
Can my wife evict me and my two children (from previous marriage; age 14 and 9) from our home ?
Gregory's answer
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Answered on April 15, 2015
She can't evict you. You do have a community property interest in the house, though, so don't give that up. As to paying half the living...
Archived
My husband and I have been married for 26 years we are separated but not legally what plus would it be to make it legal
Gregory's answer
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Answered on April 15, 2015
If both of you are agreed that the marriage is over,the cheapest way is to negotiate settlement of all CP matters, SP matters, support matters and...
Archived
Does the order a person is listed as executor play a factor in who has the most power?
Gregory's answer
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Answered on April 15, 2015
Your mom's Will is not effective until after you mom passes. So the naming of executors in a Will does not give anyone any power over your mom's...
Archived
How can I attain a Stipulated Judgment outside of court for division of property?
Gregory's answer
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Answered on April 15, 2015
The courts can't help you. That isn't their job. But if there were agreements signed by your x and those have been entered into the case file...
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