Archived
Going through a divorce.If I sign a quitclaim, how will this affect the home loan that we are both parties to?
David's answer
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Answered on January 26, 2015
Why sign the quitclaim if she's going to sell the house this coming summer? Why not just sign an agreement that she can sell the house in the...
Archived
I have been awarded sole legal and physical custody of my 4yr old son and i want to apply
David's answer
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Answered on January 26, 2015
From my clients' experience, that should work fine.
Archived
What kind of lawye i need to help me prepare a prenup? Can i do the terms on my own? And both parts sign?
David's answer
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Answered on January 26, 2015
You can prepare a prenuptial agreement, if you wish, but you must offer your fiance a timely opportunity to consult with an attorney. This is...
Archived
If there is clear lie in petitioner's request for DVTRO, anything respondent can do to protect right?
David's answer
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Answered on January 25, 2015
As far as I know, there is no legal cause of action for someone bringing a legal case against you, especially if their case is a request for DVROs,...
Archived
Can I have someone else to request civil harassment restraining order on my behalf to protect me
David's answer
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Answered on January 25, 2015
Only if your current girlfriend is currently the victim of harassment.
She should be prepared for your ex-girlfriend to point out that you tried...
Expenses on community property after filing divorce
David's answer
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Answered on January 25, 2015
Here is how I would analyze this type of situation:
a. The person who paid the mortgage would be entitled to an "Epstein Credit" for their...
Archived
Reimbursement of Pre marital funds
David's answer
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Answered on January 25, 2015
You do not need to have made any agreement regarding your pre-marital separate property. The California Family Code says that contributions of...
What is peaceful contact non CLETS order in Santa clara county?
David's answer
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Answered on January 25, 2015
A non-CLETS order is a "restraining" order that is not recorded in the California Law Enforcement Tracking System (CLETS).
But it is still a...
Archived
If new authorities or case law are found after a decision is made after hearing, can I make judge make new findings?
David's answer
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Answered on January 24, 2015
This depends. Sometimes the new case creates a new "rule" or "test" that you may convince the trial judge to use in re-examining your case. Most...
Archived
In case law, which court has higher decision right over the other court in santa clara county?
David's answer
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Answered on January 24, 2015
For cases in Santa Clara County it works like this, generally speaking:
The Superior Court hears the case, makes findings, and issues...
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