Joint Property

Question: do i need to submit Income and Expense Declaration (form FL-150) along with form (fl 800) Joint Petition...?

Answer: huh?

Question: We have filed a joint petition I 751. Now divorce is finalized, what should I do? My spouce and I filled to remove conditions on residency on June 2008, we sent all documents needed. I have received a one year extention while the petition is pending. Now I am granted divorce and it is finalized. Contacted Uscis about it and said to write them a letter indicating the file number and a copy of divorce and they will reply to me with what steps I will do later. I still have no answer since three weeks ago... What should I do in that case? Just wait? file for a petition I 751 with waiver? ask an attoney? They said they will reply but I didn't recceive any answer yet...

Answer: You need to give them time, meanwhile your petition may have been already resolved and you might get your 10 year green card. If not you need to file again on your own and be prepared to provide proof that your marriage was genuine. If you need an immigration lawyer and can't afford one contact your local Catholic Social Services who can provide high quality help with immigration issues. Your divorce followed very close after your application to remove conditions so you need to expect to be asked about that. My guess is you have a new address. Make sure you let USCIS know. http://www.visajourney,com is a good source of advice and support. There is a forum there about Major Family Changes where you will find others in your situation.

Question: How do I do joint petition for divorce papers when my spouse won't talk to me? My wife and I have chose to file a joint non contested divorce in Idaho. Problem is she won't talk to me. I am on Social Security Disability which in not able to be garnished. My wife has convinced herself that this means that I will not pay my fair share of our debt despite my repeated assertions to the contrary. The problem is I need from her a listing of this debt so I can list it in the paperwork. I would think she would be motivated to give this to me, but this has not been the case thus far. I have proposed working through a neutral party, meeting at a public location or just taking care of this ourselves over the phone...nothing works. Neither of us can afford the cost of involving attorneys for a contested divorce so I am really being held hostage. So I ask the Yahoo community...what do you suggest I do. Please serious answers only.

Answer: If you know of any of the debt that needs to be paid, start paying on that. It might not be a complete list, but it demonstrates you will pay your share whether she gives you information or no. It sounds like she wants to make sure your are garnished, and isn't satisfied that she can't force that onto you. My ex is vindictive to an extent, so I know how that goes. Until there is a divorce decree though, she really has no legal ground for making you do anything, so I think in the end she will want to settle things. Neither of you can get married again until the divorce is final. She will likely find a new guy at some point, and that will spur her on to finalize the divorce. Good Luck.

Question: if I filed ch 13 inorder to keep the house and car can the joint applicant file a ch 7 petition? if so, what would happend ? (parties are not married) adding the house and car inside the ch7 to discharge them both exactly my furry friend! if we filed at diffent times?

Answer: The Chapter 13 petition would allow the debtor to make payments to the trustee to bring payments current over the life of the plan. The Chapter 7 petition would stall but not derail any foreclosure. Best course of action per me (who is not an attorney) would be Chapter 13s by both. Consult with a real attorney on this one before doing anything else.

Question: my wife doesnt want to mention the word permanent alimony and maintenance in the joint petition.? Though she is taking 15 lakhs rupees , 5 lakhs cheque and 10 lakhs cash , she is ready to mention 5 lakhs cheque in the petition but not as alimony and mainenance, just as settlement amount . Can she claim alimony in future if we dont mention the word alimony and just 5 lakh cheque as settlement amount in the petition.She doesnt want to take 10 lakh as cheque as that will become taxable . But isnt alimony non taxable.

Answer: hello brother...being a lawyer..i'll tell u ur wife is playing u... ask her to keep the taxable and non taxable story to herself.. Remember one thing, Suit for Maintainance can be instituted even after a Decree for Divorce has been passed...so u can understand where this is all leading to... don believe it when she says "trust me i wont file a seperate maintainance suit" she will and is preparing to file a seperate maintenance suit once she gets the divorce easily by mutual consent...bliv me..i see a lot of these. so make sure u make her mention for what reason ur paying her the money. pardon me but ur wife is a scoundrel...so with soundrel be a scoundrel and don agree on a mutual settlement for divorce unless she agrees on mentioning the real reason for the money... brother the ball is in ur court...u r paying the money, ur agreeing to give consent to mutual divorce...its time u start dictating terms...record each and every detail of transaction with her...it will help u later If in case she doesnt agree at all on putting the reason for such money, then the only way out is in the joint petition u can insert a clause that "Neither party has or will have any claims arising out the matrimonial relation or out of the subsequent divorce". That the fact that the Wife is forgong her right of permanent alimoy or maintainance....this clause should save you... If u dont hav a lawyer..its high time u hire one..or else u'll b ib big trouble best of luck

Question: how to get a waiver of the requirement to file a joint petition? my spouse bring me here in the US last 2008 we marrie in the same year and then 2009 we could not get along with one another before that he always scare me to send back home every time he gets mad at me,so one time he got mad at me and ask to live the house .for me its to much it because im a forenger an new here.im thankful a lady friend offered me to stay with her.and know i divorsing him.my question is do i have right to continue my conditional residence green card holder

Answer: First ensure you filed a AR11 showing your new address ... Then go see an aila lawyer about removing conditions and a waiver this should be done quickly you may get a full green card or you may be ordered home

Question: is a signed court petition legal when it comes to joint custody?

Answer: Signed by Who? A court petition signed by the court can be a legally binding document but if it is signed by one of the parties to the case it would not be.~

Question: joint custody petition is legal?

Answer: huh? What is your question? A petition for joint custody is legal if that's what you're asking....this question makes no sense.

Question: how is divide joint property for unmarried couples in New Hampshire? I currently own a home jointly with my girlfriend. How do we divide ownership after we break up.

Answer: You come to an agrement that both of you can live with. You may decide to sell and split the proceeds. This would be the easiest. One of you may decide to buy the other one out. (house is worth $120k, owe $105k, each has equity of $15k, get a loan for $7500 and give the money to the other or agree to make payments on a note to the other for $7500 secured by the house) that would suck to be involved with each other so get an escrow company to handle it all. There is no set way to do this you just have to play nice and come to an agreement or get a lawyer and let the judge decide for you if you can't. That is the worst possible method though.

Question: Do I need a lawyer to change joint ownership to sole ownership in a deed of commercial property? I own a commercial property in Florida under joint ownership, me and my wife. I'd like to have the deed under my wife's name only. The property has no mortgage, and has been rented.

Answer: A lawyer’s advice is his stock in trade. This is too important to guess at. You might need a signature notarized, but a professional would know all this.

Question: Is it illegal to change the locks so that someone is locked out of a property they have a joint mortgage on? One person has paid everything, the locked out person has paid nothing, Tenants in common agreements signed with regards the proportion of property owned. The locked out person has 0% proportion but he is in joint names.

Answer: The mortgage, by itself, conveys NO legal interest in a property. That is the function of a DEED (a Mortgage is a deed of trust). The mortgage serves to bind the property to the lender subject to the faithful performance of the borrowers (or the people who have signed the note). For example, if you co-sign an auto loan for your friend, you have NO interest in the auto, but, never the less, the lender will come after YOU for the money if your friend defaults. At issue in the lockout is who OCCUPIES the property. A tenant can not be locked out of his/her home without due process. That is typically an eviction or a divorce, and it can also be via other legal action such as a restraining order. But the Mortgage.. it has nothing to do with who owns the place (except the bank of course)

Question: I am taking divorce from my husband Can I claim 50% of joint property.? I have a house in Delhi-NCR which my husband purchased 15years ago later he added my name in the registry(now joint registry) but in Share certificate and all the document of purchased only my husband name is there. he has taken the departmental loan and still some small amount is going as a repayment of loan.And from last 3 years I am receiving rent of this house in my bank account only. Now I am taking divorce from my husband, Can I claim 50% of property?

Answer: Luck you! Already got half the share in the immovable property which was exclusively purchased by your husband 15years back. Even if he shows all papers relating to purchase of this property by him & brought your name in the sale deed/ registry just for the sake of convenience in case of accidental death of either of you just in order to avoid legal formalities of bringing the legal heir of the deceased by mutation process etc,the fact now this immovable property stands in your joint name it will be considered as jointly owned property & since the ownership of the portion of the said property has not been defined amongst both of you it will be equally divided, you get half of the portion or in case this property is being sold then getting half the share of the money received by its sale after paying all the property taxes, other taxes & miscellaneous expenditures. As far other movable properties such as Share & stocks etc since those are purchased & stand in your husbands name cannot be claimed by you during divorce proceedings, however these can be considered while deciding the permanent maintenance/alimony to you if you so claim from him. Just by the way where in Delhi-NCR is it Gurgaon? Abode of Kuber ‘the god of wealth’!

Question: How to divide joint property? A friend of mine is separating from her husband.They have agreed to divide the contents of the house, but the home is financed in both names.He has agreed to take the home and finish paying for it.He is also giving her half of what they have invested thus far in the house.My question is: How does she get her name off the loan? She wants to buy another house but her credit won't pass because it shows that her name is on the first loan.

Answer: In order for her to get her name off the mortgage, it must either be paid off or he must refinance in his name alone. If he has paid her half of the equity, she can sign a quit claim to get her name off the deed, but that does not release her from the mortgage obligation.

Question: Sale of Joint Owner Property after my father's death? I and my father were Joint Owners of the property. After my father’s death I want to Sale the property and I am ready to give legal rights / amount my sister & my stepmother. My sister is ready for the same but my stepmother is denying for it. I am ready to give more then the actual right but still she is not ready for it. So as a Joint Owner Can I Directly sale the property or I have to take help to court? Please Guide.

Answer: As this is property is registered in joint names it can be sold by both the holder of the property of their legal heir as the case may be. In this case you are one of the owner & the other one was your deceased father, he has half the share in the property which after his death goes in equal proportion to his widow (step mother), yourself (son), and daughter (step Sister) thus each getting one share each of the half the property. In the present case the widow is not prepared for selling of the property even though she is offered more than her share value amount. The only option left here is to seek partition of the property in dispute, namely half of the property held in joint name amongst all the three legal class 1 Heir of the deceased Hindu. You will have to seek the legal redressal for this by filling partition suit and get appropriate order from the competent court. Till the decision of court the disputed portion of the property cannot be sold by you.

Question: FTHB conventional loan on joint tenancy property? Is there such a thing a conventional loan for first time home buyers to purchase joint tenancy property. or to invest in. My dad and uncle own property, the title is under Tenants in Common... I want to buy my dad out. Is there a conventionall or FHA loan available that will allow me to do this? If not what type of loan should I be looking for. I am not even thinking of the tax credit, I am needing to know what kind of loan i would need to look for...

Answer: joint tenancy shouldn't matter, lenders don't really look at how title is held unless you're trying to hold title as an LLC or trust. Are you planning on living in the home?

Question: If spouse name is legally removed from joint mortgage loan, can I qualify to re-fi property? I have been separated from spouse over 4 years and he has evaded paying all financial obligations and have been uncooperative in the divorce proceeding. I recently gain legal control over joint property. I started re-fi steps and was pre-approved. however, the lending co.just just told me there are 2 liens against the property due to debts he has not paid. Will I be able to complete the re-fi, if the judge remove his name of the loan/ownership?

Answer: If you live in the US... The judge awarding you the home did not remove his name from the mortgage or the deed. Although actually, I don’t know how the judge did award you the home if the divorce is not yet final. I don’t think that’s possible. Are you sure he/she didn’t just grant you temporary possession of the home pending a final order? That’s a completely different thing. In order for you to re-finance he’d have to sign a quitclaim (didn’t your lender mention this, because that’s pretty important) to remove his name from the deed, and it would be very unintelligent of him to do this before you actually refinance. It should be done simultaneously. The liens will have to be paid. You cannot refinance a property without paying off ALL the liens. Him signing a quitclaim does not remove the liens. However, you can request that the judge order him to pay off the liens (if they do, make sure there’s a stated *date* that he must do this by). The judge may or may not order him to pay off the liens, or the judge may order that you pay half of the liens (if these debts occurred during the marriage, they may be determined to be martial debt and therefore the responsibility of both of you).

Question: Does China allowed for joint property ownership of a house or apartment? Would both names be written on it? Can anybody know or have a website of the House Property Regulations for China? Or can both allowed to have their names written on the HOuse Property Certificate?

Answer: yes, my wife is chinese and i am american. we were going to buy an apartment in guangzhou and the only thing that they said was that my name had to be in chinese on the deed as well as my wife's

Question: selling property in joint names in england? If I buy a property with someone. we both put in the same amount (cash sale) and then I want to sell, can i or do i need the other person to agree to the sale - could i force the other person's hand to sell even if they didn't want to?? Also, do i automatically get half, if the property is in joint names? Thanks for all answers!

Answer: you need the other persons consent, you could ask them to buy you out if they don`t want to sell, you will get half of what it`s worth

Question: found out my ex put joint property on market with out my knowledge has he broke any property laws? he put it on the market at an estate agents last may and i have only just found out.

Answer: If it is jointly held, then both name will appear on the title and any purchaser, when a search at the Land Registry is carried out, will be alerted to the fact that there are two of you in the picture and your permission must be obtained for the purchase to go ahead. It might be a good idea to have a word with the estate agent before things go any further. Meanwhile, make doubly sure that the property is jointly held. Your interests may well have been severed at the time of the divorce and both you and your ex should be completely in the clear about what you may or may not do.

Question: Can they come after our joint property because of Mom's potential foreclosure? My mom is potentially about to foreclose on a property she owns. However, my husband and I decided to buy a house but we couldn't qualify on our own for the loan so my mom offered to cosign on the loan for us so that we could qualify. At that time she had great credit (770 credit score) and so we qualified for the loan. I am wondering if the foreclosure goes through on her property, with her being on the title to the home we now own, can the bank for the foreclosed property come after our house? If so, how can I get her name off the title to protect our house and still let her name remain on the mortgage note? Thanks

Answer: You need a real estate attorney FAST asking this question here is a waste of time real estate law varies from state to state. Hurry!