Articles Tagged with california family law attorney

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domestic violence superbowl sundayDomestic violence is an epidemic in this country that directly impacts roughly 20 people every minute throughout the United States. Studies indicate that holidays and special events that often revolve around alcohol consumption tend to see an escalation in domestic violence episodes, meaning the weeks ahead could prove to be dangerous for many households. If you suspect potential violence is in your future, a good family lawyer may be able to provide some legal options to help keep you safe.

The Nature of Domestic Violence

Domestic violence (DV) involves people who formerly or currently are experiencing intimate relationships with each other. In addition to the physical assaults that leave visible evidence, DV can also involve coercive behavior, bullying, threats, and manipulation. Batterers may engage in any number of behaviors, including:

  • Isolation: Keeping the victim away from family members and other support networks, controlling time and movements, criticizing friends and family, and discrediting the victim in social groups such as church or the workplace;
  • Economic abuse: Controlling the finances, not allowing earnings to occur, ruining credit ratings;
  • Psychological abuse: Verbally attacking vulnerabilities, humiliating, ignoring feelings, stalking, degrading, and other demeaning mind games;
  • Sexual abuse: Sexual name-calling, jealousy, forced sex, denying contraception;
  • Physical abuse: Locking the abused in or out of the home, spitting, biting, scratching, hitting, shoving, strangling, burning, kicking, or throwing objects at the victim.

When looking at the symptoms of domestic violence, there seems to be one key undercurrent – issues of control.

Do Domestic Violence Incidents Increase on Super Bowl Sunday?

There does appear to be evidence that incidents of domestic violence may surge on Super Bowl Sunday. Some blame it on testosterone-filled rooms and angry fans. Others associate it with high levels of alcohol consumption. Whatever the confluence of factors, we know that DV has the underpinnings of control, and many who study the problem are convinced that this one day of the year poses a particular risk to individuals in unhealthy relationships.

Domestic Violence and Getting a Restraining Order

If you are in a relationship in which you feel controlled by someone else, you may very well be a victim of domestic violence. Studies indicate that disputes about infidelity, chronic substance abuse, and untreated issues related to mental health can all be red flags. Before things get out of control, you should consider getting a restraining order against someone who has violent tendencies.

Do not put yourself and your children at risk by listening to tearful apologies from your abuser or promises for happier times. The fact is that circumstances generally do not improve without significant intervention. Continue reading →

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During the divorce process, it is common for one spouse to receive sole ownership of the marital home.

What happens to the marital home in a divorce when an agreement or judgment provides the one spouse is to receive sole ownership? When a couple divorces, one of the common provisions outlined in their marriage settlement agreement or the court’s judgment concerns the award of the family home to one spouse. In order for the spouse who is awarded the marital home to be able to sell, refinance, or borrow money against the property without their former partner’s consent, the spouse who is awarded the marital home must obtain documentation which shows that their former partner has transferred ownership of their interest in the property and that they are the sole owner of the property.

A deed is used to show the transfer of interest in a property from one party to another.

The legal document used to transfer interest in a property from one individual to another is called a deed. There are various types of deeds including: warranty, grant, and quit claim deeds. Warranty and grant deeds come with the transferor’s promise that the title to the property is without any incumbencies such as, another party’s ownership of the property or outstanding taxes or debts. A quit claim deed does not come with these specific promises and only conveys property on an “as is” basis. In most cases, after a divorce, an ownership interest in the marital home can be transferred from one spouse to another using a quit claim deed.

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Each county in California keeps a record of properties and owners within their jurisdiction. A couple that is transferring ownership interest in the marital home will need to conduct a title search in order to determine how the property is held and property’s legal description, prepare and sign the deed as well as, a Preliminary Change of Title Report, and record the documents with the appropriate land records office.

The transfer of ownership in property between spouses is exempt from certain taxes.

According to California law, the transfer of ownership in property from one spouse to another is exempt from transfer taxes. In addition, the transfer in ownership of property from one spouse to another is protected from property tax increases.

Conveying ownership through a deed does not change a spouse’s obligation on a loan. In order for a spouse to end their obligation on a loan, the loan must be paid off or refinanced. In some cases, this is done along with the transfer of ownership during the divorce process.

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