Premarital Assets

Question: In a preliminary hearing does the defense present witnesses? I was reading a preliminary hearing and the prosecution side was the only side calling witnesses.

Answer: No. The preliminary hearing is only to determine if there is sufficient evidence to sustain the charges.

Question: Can a case end at a preliminary hearing? At a preliminary hearing for a misdemeanor is it possible for the prosecution and the judge to come to an agreement with the defendant and end the case or does it always go to trial? I understand that a prelim is to determine there is enough evidence to go to trail, however is it possible that this all ends at the prelim even if charges are not dropped? I am in the state of PA, not sure if that matters for the answers.

Answer: The pre-lim is just that, the prosecution and defence comes before a judge to see if there is the basis for a trial if there is no evidence to present, then the judge may rule that no case to answer, or the prosecutor decides to withdraw his case. There are other reasons, such as the defence showing that the evidence was illegally obtained is one scenerio. But to answer your question directly, yes it is possible and does happen

Question: How long (how many hours) does a preliminary hearing take? My boyfriend has his preliminary hearing for 3 days in a row that will start 9am each day, is this something that usually takes all day? or just a few hours?

Answer: The hearing itself can last as little as 5 minutes, rarely longer than 15 minutes. Getting up to his specific hearing is another story. They hear the ones who have not bonded out first (in custody), then they hear the ones with lawyers, then they get to everyone else. I have no idea where you are but my local misdemeanor court can take until noon to just get the preliminaries out of the way. I do not understand 3 days in a row. A preliminary hearing is normally for probable cause only. Once probable cause is found and if the case is not going to be handled that day with a plea the case gets set for a future date.

Question: should you have a lawyer present at a preliminary hearing? ? I already pleaded guilty in a signed confession, this was in PA. It was for theft and receiving of stolen property. Also if I should, I can't afford one of my own so how would I go about getting a court appointed attorney before the preliminary hearing? Also what are all the possible turn outs like best case scenario to worst case scenario?

Answer: Best and worse case scenarios are up to your judge and jury. As for legal representation, you are entitled to have representation by a competent attorney during all phases of the proceedings. At the Prelim, tell the judge that you cannot afford to retain a private attorney and the judge will appoint a public defender. You will have to file an affidavit of indigence.

Question: time limit between arraignment and preliminary hearing criminal case? Is there a time limit before a person is given their preliminary hearing and their arraignment in a criminal case if the person is incarcerated on another charge?

Answer: It depends on the state. Many jurisdictions require that you be arraigned within 48-72 hours, unless incarcerated. So under the scenario you've given, even that would be waived. The State may also have speedy trial statutes, again, unless incarcerated on another charge. Then the only thing left is the Statute of Limitations (seven years to infinity for capital crimes). As I am only a paralegal, you may not rely on anything I say about any legal matter. So please consult with your attorney (either hired or public defender) to preserve your rights under any statutes that may apply to you.

Question: are arraignment and preliminary hearing the same thing? arraignment- Law To call (an accused person) before a court to answer the charge made against him or her by indictment, information, or complaint. preliminary hearing- state will be required to call at least some witness or witnesses to the stand to convince a judge that probable cause exists i dont understand. are they the same?

Answer: No, they're not. At arraignment you are explained what you've been charged with and given the opportunity to plead guilty or not guilty. You are explained what the maximum penalty is for the crime as well. Arraignments are held for misdemeanor as well as felony charges. After arraignment, misdemeanors are set for a pre-trial. Felonies are set for a preliminary exam (hearing). Preliminary exams (hearings) are held on felonies or high misdemeanor crimes and at that point, the judge determines (with the help of the aforementioned witnesses) whether there is substantial evidence (probable cause) to suggest the crime has been committed and whether the defendant will be held over to circuit (higher) court. Hope this helps.

Question: Getting a continuance for a preliminary hearing/appearing on someone's behalf? Tomorrow my boyfriend is supposed to appear for a preliminary hearing. There is no possible way for him to make it, and the place is closed on Sunday's so he can't call and ask for a continuance. It is for 9 AM. Can he get a continuance at the last minute like that? Can I appear on his behalf and ask for a continuance? What are the options?

Answer: He'd better find some possible way to be there, because if he fails to show at 9 am, there will be a warrant for his arrest and he will go to jail upon being found. No, you can't speak for him. And it's a bit late to be asking for a continuance.

Question: Can a prenuptual protect future income generated by premarital assets? Can I stipulate, that all future income generated from rents and leases of premarital real property be solely mine? Would this have any trouble holding up in court?

Answer: In Texas, a community property state assets owned prior to marriage remain separate property, but the increase is community property, unless agreed to in a premarital contract. For example, if you own a horse and rent it to others, the rent money is separate property, but when the horse has a foal, the foal is community property, and the income from the rent of it is community property. But if there is a full disclosure prior to the signing of the prenup, then the parties can agree to anything they like. If you are not in Texas then I don't know. A prenup is a good idea if you are trying to plan for your children and the children are not the children of the new spouse, so go for it. Good Luck

Question: What happens to MY house if I get divorced? Say I owned a house (no mortgage) before I got married. If I get divorced, I keep my house because it was premarital property. But if during the marriage I sell my house, buy another with the proceeds, and later get divorced - what happens? Is it still my house, or does half now belong to my ex-spouse? I am asking because I don't want to have to worry about losing my premarital assets after I get married.

Answer: the new house would be sold and the money split 50/50 because selling your house would generate "income" that would belong to both of you. if you want to avoid this you need a pre-nup that states that the house, any money from the sale, and any property bought with that money would still be yours

Question: What Do You Think Of This Law Change? I have heard in several countries there is a push to make prenuptial agreements mandatory with the premarital assets to be listed before marriage and not counted in the case of divorces. What do you think of this idea? I think it's a great law because at its core it prevents gold digging from either gender and means a great deal of protection for a person who has worked extremely hard to accumulate wealth, often at great costs. Do you disagree on grounds that it's a romance killer? Give me your thought? Thanks in advance folks! @True Brit - I agree completely that each party has a responsibility to the child, but that only means the costs associated with raising a child. A man whole owns a million dollar home who marries and has kids should not have to leave his home that he had prior to the marriage. He should continue to pay for the children's well being, but has no obligation to pay the wife anything. She is obliged to earn money to keep a roof over her head and he can pay to support the kids. Pretty simple. It makes asset division much more simple and fair, as well as the fact that any asset accumulation in the marriage is divided evenly.

Answer: At last a common sense law to protect people from themselves. Many people with assets are scared to ask for a prenup for fear of losing their partner, but this way it's compulsory and with out presumptions. Bring it in now PLEASE!

Question: Premarital / prenuptial agreement question? I am 50 yr old male to be married in Tenn. 2 months from now. The only land/real estate I own or have rights in is a 30 acre "family farm" that my 87 yr old mother lives on (appraised value $ 55,000 ). Two years ago my mother deeded (through an attorney writing up a "Deed of Conveyance" ) the property to the heirs, which are myself and my 56 yr. old brother. My mother and brother want a prenuptial agreement written up between me and my fiance to state that my fiance will have no legal rights and will not be able to make decisons concerning this small family farm. Should I see an attorney to get this agreeement written up, or can I choose a less expensive route, such as downloading forms from www.uslegalforms.com , etc. ? I am not able to spend a lot of money on attorney if it can be avoided. My fiance and I have no interest in keeping our assets or bills "separate" ....... we wish for all financial interests to be combined on the day we marry.

Answer: Prenups can be complicated. I think it would be in your interest to consult with an attorney to better understand the potential issues. When I had a legal problem, I used www.quicklegalanswer.com for my legal stuff and was pleasantly surprised how fast an attorney answered my question. It was very cheap (considering other attorneys charge 10 times what they do) and helped me put my mind at ease. Anywho, just thought it would be a good idea. If you need anything else, let me know.

Question: Does this divorce sound fair? Opinion poll I lived in my own home for 20 years before I got married. Once married, I sold my home to purchase another with my new husband. I took ALL of the equity in my home and used as a down payment for the new home. He didn't contribute anything to the down payment. I also took 30,000 cash money for repairs and improvements that he also did not contribute to. Additionally, there was a second mortgage taken out for another major repair just 3 months before he said divorce (and it was a 5 year loan). His only contribution was to the monthly mortgage payments. So now, 3 years into the new home, he wants a divorce and wants to walk away with nothing. His attorney is telling me that once I took a "premarital" asset and made it a "marital" asset, I gave up 1/2 of that asset. Is his attorney correct? Does it sound fair that 1) I have to sell my home because of affordability, 2) be left to pay off the balance on the second mortgage by myself, 3) pay the entire broker commission, 4) lose my equity to cover these costs in addition to the bad market conditions, 5) give up 1/2 of what's left when he didn't contribute to it? All input is helpful and appreciated!

Answer: It is not fair, but his attorney is right, you made it a marital asset and it now belongs to both of you, it doesn't matter where the money actually came from. Did he work, did he contribute to anything. There are some things that you can work out with your lawyer, but the more you supported him the more you lose when you divorce. It is the way our lovely justice system works. You should have kept your home you already had, he wouldn't have been able to touch that. This is something that everyone needs to keep in mind when they take on the full financial responsibility in a marriage, the more you give during the marriage, the more you lose when it is over.

Question: HELP! How to enter a relationship with a divorced woman with 2 kids (me single with no kids)? She has husband who doesn't support. She works and supports with her parent's help. She owns her own home (not sure if its paid off). She has changed careers to boost her income. She is showing interest in a relationship. She expressed she wants to get married (in general). Looking ahead I am wondering... How to structure a relationship and/or marriage with her financially? Any experience or ideas? Obviously if I care then I will want to be fair and do my share. What would you see as FAIR ON MY PART, and MY SHARE in such a relationship in relation to her and the kids.... 1. Premarital and 2. After marriage in the areas of 1. Our common expenses/assets 2. Her personal expenses/assets 3, My personal expenses/assets 4. Her kids expenses 5. Expenses of future kids we have (if any) Seriously thanks for your help!

Answer: It takes a special person to enter an all ready-made family. There will be different problems especially with the kids accepting you as the new dad. The biggest thing that hits me after reading your situation is that this lady is looking for someone to help financially here above anything else, especially since she is already ready to jump back into marriage again. It is obviously apparent that you are looking at all aspects of entering this relationship but can tell you she is only looking at one thing and it isnt love or companionship. Dont get me wrong, shell love you to death as long as you have a big checkbook. She is under extreme stress doing it alone and probably hates the fact that her parents are helping and realizes that her parents wont be around forever so she needs to find someone willing to accept her and her family real quick. True, in every relationship its a give-take union which means 50-50 but Im afraid here you might be getting into something more here but youre obviousily willing to help here. Just make sure youre not entering this out of pity or feeling sorry for her, because if you love her then you automatically love her kids and problems too, because more problems will arise sooner or later. I have dealt with alot of couples with a situation like yours and what I wrote is the usual complaints that seem to come up with, but am always able to help them overcome their challenges and their relationships have lasted a long time, so I wish you all the best in your future relationship.

Question: DIVORCE ATTORNEY-What should professional standard of care to his client be? After mediation following 10 months of false accusations and abuse which my lawyer never defended me on I ended up with far less than equitable division. I started researching what divorce lawyers usually due and found many things never done. No cost analysis, depositions, interrogatories, mediation preparation and no mention of any hidden assets I had found brought up during mediation or any of our bank accounts or money my ex had been taking. I got the business with thousands of hidden debt as my ex had removed all financial paperwork and I had no figures, all of requested discovery was not received by mediation and he took 2 companies no documentation or value were assigned. My ex signed a short sale I never knew negotiating was being done for a large liability he took 2 days following mediation, a week and a half before the judge signed the decree forgiving the debt. I later found wiretapping and computer monitoring he had been doing on my office equipment, Both actions my attorney defended his right to do. I am about to lose my home as it was in foreclosure at mediation, I took along with the business which they will take for the deficiency. My attorney lied to me in mediation and told me he would have to bring all bills including the house and business undisclosed current. He now says he never said that and it isn't in the agreement. He was aware from the abuse I suffered Post Traumatic Stress Disorder and chronic depression and felt I couldn't make decisions at the time, as was my ex, having read all my emails and I felt pushed into a corner to settle as my husband had cut off all money and I had nothing to live on. My attorney failed to get temporary support or an injunction so I could run the business even though I requested one. I got no alimoney or fees although I had continually made it clear I wanted both. Everything seems to boil down to I should have brought all this up at mediation but what was my attorney for? In a normal course of divorce what steps would a prudent attorney have taken regarding hidden assets, advising me of what my financial condition would be like after, investigation of assets (he did none), cash analysis (he spent thousands) and any other normal filings, ect.?. My ex's attorney also filed a last minute amended financial affadavit at 2:45pm the day of mediation, which started at 9:00am, my attorney says I saw at mediation. I have no recollection of it and in any case should I not have had more time with it even if it was hand delivered that day? Everything on it was false, contending almost all assets as my ex's premarital!

Answer: i don't think there is a "normal" divorce. I had a very reputable attorney and the divorce dragged on for close to five years and cost a huge amount of money. There are forensic accountants that can be hired to delve into financial records if they are actually on paper. However, if lied about, as was in my case -- my ex hid assets and lied , it is hard to find sometimes impossible. Mediation is not the best choice for a divorce when you suspect foul play or lying. In my case, much was not discovered but it was settled. Now, however, my ex stopped paying alimony and we are back in the battlefield again. and he is still lying and stalling. My advice would be to get rid of the mediator and find a divorce attorney. You cannot trust what your ex husband has done and will do, you need someone looking out for YOUR interests. mediation is really only for divorces that are civil -- being not contested and truthful. My divorce started with mediation and when i realized he was lying, i found a lawyer to represent me. Tried mediation for a nothe short time with an attorney i could go to, but gave up mediation all toghether. Did not trust it or the mediator or x husband. find a lawyer . sounds like your situation is much more complicated than could be handled by mediation seeing you have a business. good luck.

Question: Guys-Would you date a girl like this? She is about 5'8", 210 lbs, almost always wears baggy clothes, but has pretty good 'assets' underneath. Doesn't believe in premarital sex. Not too bad looking, so she's been told. Would you date this girl? Not looking for dates, just out of pure and simple curiosity. Thanks! She has a good personality, likes to laugh, but is shy at first. In case you're too thick to figure it out, this girl is me. I am not trying to be concieted, these are all things i've been told, and not just by family and friends.

Answer: If she has a nice personality, i don't see why not, if shes smart, witty, charming, worldly, kind, caring. I feast on the personality. Feed me.

Question: This question is for you Christians out there? I'm no theologist, but I'm pretty sure the bible says that premarital sex is a no-no, right? Well what do you Christians out there think of other unmarried Christians who go to church, do works of faith etc. and claim to follow that doctrine, but will still engage in oral/manual sex with their partners? I met a guy once and he was kind of into me. As in he really wanted to touch my assets. He was all up into this Jesus business and was like "premarital sex is bad!" but openly admitted to doing oral and other things with previous girls. So where does the line exist between sex and non-sex? (By the way, I'm NOT Christian, I'm just curious) I really don't feel like hearing the whole "blabla Jesus is life accept him" rigamarole. I'm happy with my spiritual beliefs. I'm glad you're happy with yours, let's keep em separate! And no, I am not from that To Catch A Predator Show XD also this is not a moral question on whether or not I should have sex. I've already had a lot of it. Also not interested in people parroting bible verses. I've read it, I pretty much know what it says, thanks. I'm asking for opinions and independent thoughts, people.

Answer: He's got the system figured out as do most xians. He cherry-picks amongst the things he likes and those he ignores. Where I come from this is called hypocrisy. Isn't "faith" grand?

Question: Should I get a prenup? I have considerable assets such as a paid for house (paid $450k and worth more) and bank account, and am planning to marry soon. I can't divulge my financial situation to my fiance or she will expect me to donate and be an "enabler" for her many deadbeat relatives that won't work, who she constantly bails out financially, so she pays me what she thinks is a small fair portion of the mortgage (which actually doesn't exist), and she gives 100% of her remaining money to her deadbeat relatives. I'm well off but not THAT well that I can afford to subsidize such reckless financial behavior. On the other hand, I know she's not a gold digger since she stays with me despite thinking I'm having trouble making ends meet. Should I get a prenup? (bearing in mind we both have kids from previous marriages and that I don't think a prenup would make a difference since my state does not treat premarital property as community property)

Answer: TROLL..... TROLL...... TROLL.... TROLL ALERT. classic... going into a marriage.... with deceit..... classic. you give her grounds for divorce... by not being honest to begin with. TROLL..... TROLL...... TROLL.... TROLL ALERT.

Question: Prenups for future SAHM's :would you still marry a guy who refused to sign on the dotted line? "Don't sign your rights away in a prenuptial agreement. Prenuptial agreements are meant to protect the financial assets of both partners, so make sure yours does. By choosing to stay at home, you're limiting your future income prospects, so make sure any agreement you sign takes into account your somewhat special status as a stay-at-home parent. (If you've already signed one and are now thinking of having children, you and your spouse can renegotiate.) Katherine Stoner, a certified family law specialist in San Francisco, recommends the following precautions: Many premarital contracts are boilerplate, so it's important to weed out any offending clauses. You don't want to sign anything that waives your right to spousal support or future spouse rights in the event of death or divorce. Get a lawyer to help you plan this, Stoner says. Or you'll be leaving an awful lot up to chance and the generosity of the courts. Even if the exact details are fuzzy, spell out your future financial plans in the prenup. For example, some couples stipulate that in the event of divorce, since the wife gave up 10 years of her career to raise Jack and Jill, the court should take that into consideration when determining her settlement. You don't need the details, as long as the intention is clear. Economists say that the stay-at-home parent who relinquishes a career may lose about $1 million over the years." http://articles.moneycentral.msn.com/Col… Hmmm.... sounds like "you'll be leaving an awful lot up to chance and the generosity of the courts." It looks to me like you guys want to have your cake and eat it too: "A pre-nup offers men protection from women" Sorry, no. Pre-nups protect the parties who sign on the dotted line. Gender plays no role. I can see this 'masculinist movement' ain't gettin' much respect and I think its abundantly clear as to why.

Answer: Nope. Unromantic as it may be, marriage is a legal business transaction, nothing wrong with covering your ***. Guess I'd find the idea of losing my marriage and my assets all in one shot more unromantic. Honestly, I get the whole "but it's a family!" argument, but I have to admit I judge anyone I hear say they'd refuse to sign a prenup. I think if someone is unwilling it tells you a lot about their character and motivations. I think myself personally, if I were getting married I think I would ask the person to do it, don't know that I'd follow through with it, but I'd want to know if their heart was in the right place. And I'd probably be worried if they didn't ask me to

Question: Do liberal Christians want government to take over their charity assignment, replacing charity with coercion? The Christian walk requires responding to God's love with charitable works. However, today's liberal Christians seem ready to throw out Jesus' call to "freely give" with government coercion schemes that create temptations to irresponsibility, so that the poor can draw government employment for using drugs, practicing premarital sex, developing poor employment records, and now, refusing to take responsibility for their medical bills. Unlike charity, government entitlements provide incentives to irresponsibility rather than repentance. Moreover, government programs seize assets under penalty of law rather than providing for voluntary giving. My question is, do liberal Christians hope to excuse themselves from Christ's call to effective charitable action by assigning benevolence to ineffective government? Big Bad Bob, your analogies fail because roads, police, and border controls are legitimate government services for the general welfare, not checks written to individuals as incentives to irresponsibility.

Answer: Pretty much. The problem is that liberal Christians think they can't raise enough money voluntarily to meet the needs of the poor, which they imagine to be boundless. They recognize that only government has the power to redistribute a significant amount of wealth from the earners to the helpless. Where liberal Christians go wrong is in exaggerating poverty and thinking the poor helpless. In developed countries like the US, the poor suffer more from obesity than from hunger. Most are perfectly capable of traveling the time-honored road to wealth through studying, remaining chaste, working, developing skills, and practicing thrift. However, many have learned to game the system. They know they can earn a passable living without work by signing up for welfare. To enter a welfare career, a teenage girl may, for example, choose to sleep around as a high-school student. Quite a culture has developed to cosset her as a victim of her pregnancy and to provide decades of welfare checks to the array of children she can produce illegitimately. In the final analysis, liberal Christians provide temptations rather than charity. God's plan involves ending the temptations to dissipation provided by governments as well as giving temporary, voluntary help to those in immediate need.

Question: DIVORCE ATTORNEY-What should professional standard of care to his client be? After mediation following 10 months of false accusations and abuse which my lawyer never defended me on I ended up with far less than equitable division. I started researching what divorce lawyers usually due and found many things never done. No cost analysis, depositions, interrogatories, mediation preparation and no mention of any hidden assets I had found brought up during mediation or any of our bank accounts or money my ex had been taking. I got the business with thousands of hidden debt as my ex had removed all financial paperwork and I had no figures, all of requested discovery was not received by mediation and he took 2 companies no documentation or value were assigned. My ex signed a short sale I never knew negotiating was being done for a large liability he took 2 days following mediation, a week and a half before the judge signed the decree forgiving the debt. I later found wiretapping and computer monitoring he had been doing on my office equipment, Both actions my attorney defended his right to do. I am about to lose my home as it was in foreclosure at mediation, I took along with the business which they will take for the deficiency. My attorney lied to me in mediation and told me he would have to bring all bills including the house and business undisclosed current. He now says he never said that and it isn't in the agreement. He was aware from the abuse I suffered Post Traumatic Stress Disorder and chronic depression and felt I couldn't make decisions at the time, as was my ex, having read all my emails and I felt pushed into a corner to settle as my husband had cut off all money and I had nothing to live on. My attorney failed to get temporary support or an injunction so I could run the business even though I requested one. I got no alimoney or fees although I had continually made it clear I wanted both. Everything seems to boil down to I should have brought all this up at mediation but what was my attorney for? In a normal course of divorce what steps would a prudent attorney have taken regarding hidden assets, advising me of what my financial condition would be like after, investigation of assets (he did none), cash analysis (he spent thousands) and any other normal filings, ect.?. My ex's attorney also filed a last minute amended financial affadavit at 2:45pm the day of mediation, which started at 9:00am, my attorney says I saw at mediation. I have no recollection of it and in any case should I not have had more time with it even if it was hand delivered that day? Everything on it was false, contending almost all assets as my ex's premarital!

Answer: It sounds like you signed the mediated agreement. If the agreement was procured by fraud it can be legally challenged. I suggest you go with a big firm and pay them up front whatever they ask in order that they can represent you as vigorously as possible. You can ask that they insert into their representation agreement that "all colorable motions will be filed," and that "every effort will be made to find all applicable case law prior to each hearing, regardless of the attorney time involved in doing the research." It will be interesting to see how much money they estimate this sort of "unlimited" representation will cost. Most clients expect, but cannot afford, a Johnny Carson divorce. For instance, asking a lawyer to get a $4,000 expert witness without providing the funds can't be done. (You don't mention how much the retainer was or whether you still owe money to the attorney.) A long-term solution is for you to go to law school and provide to all of your clients the representation you believe you should have received.