Am I entitled to half the equity in our home if purchased 1 year before marriage? Refinanced 2x since marriage, I'm on title.
Gregory's answer
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Answered on March 24, 2015
Not half but you will be entitled to half the CP value of the home from date of marriage up the date of trial or by agreement of the parties. ...
Archived
How can one avoid probate? What rights does an ex spouse have to an estate?
Gregory's answer
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Answered on March 24, 2015
Who told you the state would take 28%? Probate is usually avoided by the construction of a Trust (not a Will as a Will must be probated). After a...
Archived
“If my father and I are joint account holders and he passes away, is all the money mine or does it go to his beneficiaries
Gregory's answer
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Answered on March 24, 2015
It depends on how the account is legally titled. Most people confuse JT of a bank account with what is called a Totten Trust or a secondary name...
Archived
Questions about community and quasi community property on Marriage petition Fl-100
Gregory's answer
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Answered on March 24, 2015
Check the box that refers to the FL-160. Then list the assets on the FL-160 for either community or separate property. Also prepare the FL-142...
Archived
What is the process to sell my 1/2 of our property to my soon to be ex husband?
Gregory's answer
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Answered on March 24, 2015
Suggest you hire an attorney to draft up an agreement onpayment of the house and release of claims and indemnifications, etc along with any...
If my husband and I have a confidential marriage do I still need a divorce?
Gregory's answer
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Answered on March 24, 2015
There is no such thing as a confidential marriage. Duly licensed marriage are on the public record. If you took out a marriage license and then...
Archived
NEED FAMILY DIVORCE LAWYER
Gregory's answer
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Answered on March 24, 2015
Start making phone calls to attorney's that you think can handle your case. The first step is the continuance and it appears the court will give...
Archived
In a California Divorce is the principal reduction of a home mortgage loan on separate property always in the community?
Gregory's answer
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Answered on March 24, 2015
Depreciation might be used for rental property tax computations but is not applicable if the real property appreciated. If the property...
Archived
Divorce Question. Community Property Vs. Separate property?
Gregory's answer
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Answered on March 24, 2015
If indeed you used SP funds and can trace the down payment to the SP source, then it is likely an SP asset. As to whether or not the CP gained an...
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Archived
Gift from one spouse to other would be a community asset ? It wasn't bought by community funds .
Gregory's answer
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Answered on March 24, 2015
Need more facts here. How do you know the gift wasn't bought with CP funds? I might be CP or it might be SP.
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