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    Anyone a divorce or family lawyer?

    So I'm trying to help my Dad with going through with a divorce and wanted to get some knowledge of what his options are, the big thing is he wants to keep the homes and property for our family since I also dwell on the same property.

    My Mom is possibly using substances and drinking heavily and he has given her lots of chances and he is finally done.

    So in California is their any way to keep my mom from getting the property or having to sell it to split?

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    #2
    community property state, if they've been married over 10 years they will split everything 50% which usually means she will gain
    Simon
    Current Cars:
    -1999 996.1 911 4/98 3.8L 6-Speed, 21st Century Beetle

    Make R3V Great Again -2020

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      #3
      Originally posted by 2mAn View Post
      community property state, if they've been married over 10 years they will split everything 50% which usually means she will gain
      What is the possibly of it being put into a living trust?

      My mom is also not on the deed or mortgage and her income is not part of the mortgage calculation

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      Last edited by kickinindian; 09-05-2018, 02:34 PM.

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        #4
        I'm in SC. I've been through a messy divorce with child custody involved. I had the dept of social services involved on three separate occasions because my ex was using off and on and abusing pills, she's a registered nurse.
        I can tell you from all I've been through that you have to prove beyond a reasonable doubt that she's using, which is very difficult here in SC I learned.
        As much as I hate to say it, he may end up having to sell just to settle. It's a pain and divorce is really hard on children. My children were 8 and 12 when I split from my ex. I ended up with sole custody of my daughter, which is now 18. She's since moved out and is living with her boyfriend. I had to settle for split custody week to week with my son, who is about to turn 14. Lawyers will take your money, do as much research as you can and find one you can work with. I found a great lawyer where I live and she helped me along the way, but my wife now helped me more than anything. She did all the leg work and got papers where they needed to be and documented all of the thing that needed to be documented. She was my best lawyer. My actual lawyer ended up charging me about 30000 dollars for all the divorce and to get it settled out with an iron clad final order, which is still a joke because my ex doesn't follow it at all. She does as she pleases and I just communicate through my son, which is not an ideal situation but it keeps the peace and it makes it easier for him. His mom is an overgrown child on most days who wants her way. We were married for 12 years before I finally pulled the trigger and left. I gave all of my material things up and sold my guns and my Jeep Rubicon. It's hell. If you can somehow sit down and have a reasonable conversation and get something on paper with a lawyer then it will make it so much easier and save you a ton of cash.
        Good luck with this. I hope the best for your dad and I hope it works out. Sorry I don't have better news or any recommendations for a lawyer for you. Do your homework on a lawyer and pick the one who will fight for you. Men have a hard time getting through a divorce because it seems that we are not as fragile as women in the eyes of the court.
        Good luck
        Jamie


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          #5
          Originally posted by kickinindian View Post
          What is the possibly of it being put into a living trust?

          My mom is also not on the deed or mortgage and her income is not part of the mortgage calculation

          Sent from my XT1710-02 using Tapatalk
          Doesn't matter whatsoever due to the community property state. Your mom could be actively destroying/detracting form the property and she will still be entitled to exactly 50% of everything.

          Also, attempting to move the property into a trust now will easily be picked apart in litigation. Your father could give it a shot if it helps him sleep at night, but it will be useless.

          At this point there are limited options, if any options at all. At time of purchase your father could have asked your mother to sign a waive of deed, stating that she gives up all rights to the property, but even that route, which can't be enacted now, can be overturned by a savvy lawyer.

          I am not a lawyer, I just know a lot about real estate.
          My previous build (currently E30-less)
          http://www.r3vlimited.com/board/showthread.php?t=170390

          A 2016 Toyota Tacoma TRD 4x4 Offroad in Inferno is my newest obsession

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            #6
            Originally posted by MR E30 325is View Post

            At this point there are limited options, if any options at all. At time of purchase your father could have asked your mother to sign a waive of deed, stating that she gives up all rights to the property, but even that route, which can't be enacted now, can be overturned by a savvy lawyer.
            I think this is the best bet... she signs a "I will give him the property after getting a payment of $$$$$$ ... she likely wont be terribly concerned with getting a top notch lawyer if shes on drugs. Best thing to do is document all the crazy stuff shes doing to combat whatever her lawyer fights with
            Simon
            Current Cars:
            -1999 996.1 911 4/98 3.8L 6-Speed, 21st Century Beetle

            Make R3V Great Again -2020

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              #7
              generally, in divorce the woman and the lawyer win. sucks but true sadly.
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                #8
                ^

                lawyers are the only winners
                Originally posted by Fusion
                If a car is the epitome of freedom, than an electric car is house arrest with your wife titty fucking your next door neighbor.
                The American Republic will endure until the day Congress discovers that it can bribe the public with the public's money. -Alexis de Tocqueville


                The Desire to Save Humanity is Always a False Front for the Urge to Rule it- H. L. Mencken

                Necessity is the plea for every infringement of human freedom. It is the argument of tyrants.
                William Pitt-

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                  #9
                  Originally posted by mrsleeve View Post
                  ^

                  lawyers are the only winners
                  This is definitely true! Lawyers are the only winners. Ridiculous!

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                    #10
                    hire a PI and document her faults. that will weigh a little.
                    ~~~~~~~~~~~~~~~~~
                    '90 325i sedan daily driven
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                      #11
                      That's what I was generally expecting to hear, I am in the middle of converting a 1500sq ft separated garage into a second home on the property and I'm debating if I should continue to pour funds into the project or plan on moving on

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                        #12
                        ^ I would hold off on spending any more money until the divorce is moving and settlement is near.

                        It would suck to see your money/time/work end up in your mom's hands courtesy of the court and then get sold to someone else (assuming she doesn't want to live there, and just wants the cash).

                        Good luck dude. Like others have said, find a good attorney. A man having a female attorney isn't a bad idea either.


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                        Originally posted by lambo
                        Sounds like you need a massage.
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                          #13
                          Originally posted by kickinindian View Post
                          That's what I was generally expecting to hear, I am in the middle of converting a 1500sq ft separated garage into a second home on the property and I'm debating if I should continue to pour funds into the project or plan on moving on

                          Sent from my XT1710-02 using Tapatalk


                          buy the property from your dad for $1?!?!!? lol

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                            #14
                            ^
                            I think there is some fancy lawyering that can get around that type of thing
                            Originally posted by Fusion
                            If a car is the epitome of freedom, than an electric car is house arrest with your wife titty fucking your next door neighbor.
                            The American Republic will endure until the day Congress discovers that it can bribe the public with the public's money. -Alexis de Tocqueville


                            The Desire to Save Humanity is Always a False Front for the Urge to Rule it- H. L. Mencken

                            Necessity is the plea for every infringement of human freedom. It is the argument of tyrants.
                            William Pitt-

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                              #15
                              Originally posted by e30strokr View Post
                              buy the property from your dad for $1?!?!!? lol
                              That tactic, albeit a clever one, also does not work.

                              You'll also be on the hook to pay a federal gift tax to Uncle Sam for the difference of the fair market value of the home and the price paid (1 dollar).
                              My previous build (currently E30-less)
                              http://www.r3vlimited.com/board/showthread.php?t=170390

                              A 2016 Toyota Tacoma TRD 4x4 Offroad in Inferno is my newest obsession

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