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Going through divorce, I own house before marriage and then I refinanced and put her on the loan, does that give her an interest: i refinianced and only put her name on it to help her with her credit, i still paid the mortgage. I bought the house before the marriage, does she have an interest in this house or not/ shes not on the deed? looking to hire an tty

Asked 7 months ago in Real Estate

Brandon’s answer: If you purchased the home before the marriage, then it is a non-marital asset. However, if you refinanced and put both names on the deed, then it will be presumed that you made a gift of the property to your spouse and it will now be considered a marital asset. You will have to overcome the presumption by showing that you didn't intend to make a gift of the property to your spouse. Even if you purchased the property before the marriage, then there still could be a marital component subject to division because of the pay-down of the mortgage during the marriage. These issues regarding property owned before the marriage are a bit tricky and are very intensive. My suggestion would be to sit down with a lawyer who is familiar with the law in this area and lay out all of the facts. At the end the lawyer should be able to give you a good opinion on what claim your spouse can make to the property.

Answered 7 months ago.


Can I hire a lawyer just for a hearing?: Im not sure if this is silly but is it possible to hire a lawyer just for a hearing? To speak on my behalf? I have a dissolution of marriage and I have done all the filing and am confident I can handle all the filing, serving and such but when it comes to the court hearing I get easily intimidated by the court setting. The only issue is getting supervised visits for the father and I have evidence that makes my request more than reasonable. We have no assets and nothing else to dispute. Can I hire a lawyer and pay for each hearing as we go? I highly doubt there would be many hearings.

Asked about 1 year ago in Family

Brandon’s answer: It sounds like you just need an attorney to handle the trial for you. There is no law or rule preventing an attorney from just handling certain aspects of the case, including a trial. I think that is a good idea to have an attorney handle the trial for you. This is always the most difficult and challenging part of a divorce case. I have seen many occasions where people start the case by filing their own paperwork and then hire a lawyer later on. I would also recommend having an experienced attorney review the petition that you filed. If you haven't ask for certain relief in the petition (i.e. supervised visits) , then you would not be allowed to ask for such relief at the trial. Good luck.

Answered about 1 year ago.


How do I get legal custody of my nephew?: My brother recently passed away and my nephew was abandoned by his mother several years ago, he is now 16. The mother and my brother never married and I've been taking care of my nephew for many years. I am worried about not having rights about decisions such as medical treatment that may arise in the future. Is there a way that I can get legal custody or is there anything else that can help me with these matters?

Asked over 1 year ago in Guardianship

Brandon’s answer: It sounds like you might be able to pursue temporary custody by an extended family member. Chapter 751 of the florida statutes allow for extended family members like yourself to seek custody of a minor child if the parents have either abused, abandoned or neglected the child. It sounds like the mother's action constitute abandonment. If you are granted temporary custody, then it can last until the minor child is 18 years old. You will receive an order from a judge that allows you to make decisions for the child, including medical decisions. In many situations, temporary custody by extended family members is a quicker and much more efficient way to obtain legal custody of a child versus filing a guardianship proceeding. Of course, I would need to know more facts about your situation to determine whether temporary custody would be applicable in your case. My advice is for you to call an attorney who has experience with chapter 751 and perhaps sit down and discuss all of the facts. You need to find out if this is the best route for your situation. I think you are on the right path by seeking legal advice, because without legal documentation allowing you to make decisions for the child, you could encounter some serious issues in the future.

Answered over 1 year ago.