Morales Law is focused and dedicated on obtaining big results for our clients. Recently, Santa Barbara Divorce Lawyer Marcus Morales successful obtained 2.4 million dollars for the purchase of community stock. Although the other party argued the stock was separate property and/or should have a valuation of 1.6 million, Morales Law achieved 2.4 million for our client. If you are contemplating divorce, call Morales Law today for a free consultation. (805) 845-5405.
The Lead Counsel Review Board from Thompson Reuters has awarded attorney Marcus Morales the distinction of "Lead Counsel" for the third consecutive year in the area of Family Law. This award is only given to attorneys of the highest caliber, based on other lawyer recommendations, professional experience and a spotless track record. Marcus Morales is honored to receive this distinction. We will continue to strive to fight for our client's and hopefully make it four years in a row! If you have a family law or divorce case, call Morales Law today for a free consultation. (805) 845-5405.
Question: We are buying a house in California . My husband has asked his friend to cosign . He says only his name and the friends name will appear on title and mine would be added after he refinances the home loan . Can my name be added apart from my husband and friend. What is the procedure . Will the property have to be split in three or something ? My husband is the principal borrower and is going to pay the loans Answer: Your husband can add you on title any time through an interspousal or quitclaim deed. The title should be "Husband and Wife, as community property," or "Husband and Wife, as joint tenants." Creating a joint tenancy between all three parties means if one party dies, the other two automatically own the property. Once the second joint tenant dies, then the remaining joint tenant owns the entirety of the property. Lots to consider. Best to consult with a lawyer to go over the situation and advise you. Call Morales Law today for a free consultation (805) 845-5405.
Property acquired by inheritance is separate property, thus any money inherited by your son will be his. The issue comes when the inheritance is co-mingled with community property. If he receives inheritance, make sure he keeps it in separate accounts. Additionally, if he inherits real property that is subject to a mortgage, the community may gain a "pro-tanto" interest in the real property because of the community payments made (moore-mardsen calculation). Best advice, contact a lawyer to review the full scope of the situation and advise you and your son. For a free consultation, call Morales Law today (805) 845-5405.
Prior to the court making a custody ruling, the parties are required to attend custody mediation. Custody mediation is conducted by Family Court Services at the Santa Barbara Courts. Each party must attend the mediation. Lawyers typically do not attend. Depending on the age of your child, your child may be required to attend mediation and speak to the mediator. Each party will speak with the mediator individually, and then both will speak together with the mediator. The mediator will attempt to come to a custody agreement. If an agreement is reached, the mediator will write up the agreement for both parties to sign. Remember this, YOU ARE NOT REQUIRED TO REACH AN AGREEMENT! If the other party does not agree to a custody agreement that you want, don't agree. The mediator may try and persuade you, but don't agree if you don't believe it is best for you and your children. If you have any questions about custody mediation, call Morales Law today for a free consultation (805) 845-5405.
It may be difficult to determine when a legal document needs to be filed. California Code of Civil Procedure Section 12 states, "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, then it is also excluded. Holidays include Saturdays, in addition to court holidays (CCP § 12(a). If you need a Santa Barbara lawyer, call Morales Law today for a free consultation. (805) 845-5405.
If parents are unmarried, one parent is not favored by law over another. Once paternity is established, the court will make a custody order that is in the best interest of the child. The court can take into a wide range of factors to determine what is in the child's best interest. It is important to hire a skilled attorney who can make a persuasive argument to the court on your behalf. If you are looking for a custody lawyer, call Morales Law today for a free consultation. (805) 845-5405. Our lawyer, Marcus Morales, is accessible to his clients and will make sure your voice heard.
Santa Barbara Divorce Lawyer Marcus Morales discusses rules and tips for depositions in Santa Barbara Divorce and Family Law Cases. TIMING OF NOTICE OF DEPOSITION Code of Civil Procedure § 2025.270. (a) An oral deposition shall be scheduled for a date at least 10 days after service of the deposition notice. NOTE: Be careful how you serve the notice, anything but personal service will extend the notice period. For example, the notice period is extended by five days if served by mail. LOCATION OF DEPOSITION Code of Civil Procedure § 2025.250. (a) Unless the court orders otherwise under Section 2025.260, the deposition of a natural person, whether or not a party to the action, shall be taken at a place that is, at the option of the party giving notice of the deposition, either within 75 miles of the deponent's residence, or within the county where the action is pending and within 150 miles of the deponent's residence. TIPS FOR YOUR DEPOSITION If you are being deposed, remember these helpful tips: 1. Only answer the specific question asked. It is human nature to attempt to explain yourself, but don't! Giving more information can lead to unintended consequence which experienced lawyers can turn against you. For example, if the lawyer asks a yes or no question, only say yes or no, do not explain, unless your lawyer tells you to do so. 2. Dont guess. It is ok not to know the answer to a question. But, if you guess at a deposition, it will be taken as a fact and you will be locked into that answer. If the guess turns out incorrect, you credibility will be impeached. Only answer questions that you know the answers to. If you dont the answer, say so! It's perfectly fine! If you have a deposition scheduled in your divorce or family law case and would like more advice, call Morales Law for a free consultation at (805) 845-5405.
A useful tool in any Santa Barbara divorce case is the Demand For Exchange of Expert Witnesses. This document is served on the other party no later than the 10th day after the initial trial date has been set, or 70 days before that trial date, whichever is closer to the trial date. CCP § 2034.220. Serving this document will require the other party to disclose all expert witnesses they intend to call at trial. If a party tries to call an expert witness that it has not disclosed prior, the court can exclude the witness testimony pursuant to CCP § 2034.300. In a divorce action, experts can include appraisers for homes and assets, vocational experts to determine a party's earning capacity, business valuation experts to determine the value of any business, etc. If you have assets worth protecting or you want to ensure you get your fair share of community assets, call Morales Law today for a free consultation. (805) 845-5405.
SB 1255 will become Family Code § 70 effective January 1, 2017. Family Code § 70 will change the ruling in Marriage of Davis which required divorcing parties to be living in separate residences to be deemed legally separated. The date of separation is important for your divorce case as it will act as a date where generally anything you make or earn after the date of separation is your own separate property and will not need to be shared with the other party. California Family Code § 70 states, "(a) "Date of separation" means the date that a complete and final break in the martial relationship has occurred, as evidenced by both of the following: (1) The spouse has expressed to the other spouse his or intent to end the marriage; (2) The conduct of the spouse is consistent with his or her intent to end the marriage. (b) In determining the date of separation, the court shall take into consideration all relevant evidence. (c) It is the intent of the Legislature in enacting this section to abrogate the decisions in In Re Marriage of Davis (2015) 61 Cal.4th 846 and In re Marriage of Nervier (2002) 102 Cal.App.4th 1152." SB 1255 also amends Family Code § 771(a) to delete its "living separate and apart" language, and states, "The earnings and accumulations of a spouse and the minor children, living with, or in the custody of, the spouse, after the date of separation of the spouses, are the separate property of the spouse. SB 1255 also amends Family Code §§ 910 and 914, which deal with liability for debts, and refer to the "date of separation" instead of "living separate and apart." What does this means for your divorce case? You do not have to be living in separate residences to be deemed separated. As always, if you are considering legal separation or divorce, call our office at (805) 845-5405 for a free consultation.