If a party is refusing to execute a Deed to transfer property pursuant to a court order to do so, then the party to whom the property is to be transferred has the right or option to seek the court’s assistance in compelling such transfer. [ Read More… → ]

Generally, if a Trust is a Revocable Trust and the grantor(s) is (are) still alive, then the property in the Trust (i.e., owned by the Trust) remains Trust property until the stated action within the Trust calls for distribution. [ Read More… → ]

While filing for Divorce during the process of a Chapter 13 Bankruptcy could change your financial situation, the divorce is but one factor among many that should be considered as a part of the continuing bankruptcy action. [ Read More… → ]

Signing a Quitclaim Deed with a different name other than the same name as on the original deed — be it a former name or a maiden name — could create issues with the transfer of title. [ Read More… → ]

The respective earnings and earning potential of each spouse is the primary consideration when the Court is determining alimony. But other factors are also used. [ Read More… → ]

The purpose of a Prenuptial Agreement is to make provisions for the retention or division of property upon the filing of a divorce.

The divorce proceeding itself is the only time that the terms of the ‘prenup’ are applied: when the parties separate and a divorce is pending. [ Read More… → ]

There is a substantial difference between receiving assets distributed from a Will, and being named as a potential future beneficiary in a Will — as well as how that distinction is treated legally. [ Read More… → ]

The market value of your home simply should be a value that is agreed upon by you and your spouse. There are some online tools you can use to help you make this valuation. [ Read More… → ]

A person does not give up his or her property rights because of a move to a new location. So in most instances, a spouse would not lose ownership claim to items like furniture, clothing, jewelry, electronics, etc. simply for moving out of the residence. [ Read More… → ]

In most states, an actual physical separation is a required element of a divorce. Typically, divorce courts require a husband and wife to establish separate residences, although courts do give a bit of consideration to extreme circumstances.

Questions like this and other life and family considerations are detailed in the overviews and instructions contained within Standard Legal’s No-Fault Divorce legal forms software.

Sometimes a person can gain full ownership rights to a home from a Separation Agreement or a Divorce proceeding. But what if the Deed to that home still shows both names of the divorced couple on it, and the newly single owner wishes to sell it? [ Read More… → ]

An existing Last Will and Testament is valid until the maker creates a new one.

If you wish to change the listed beneficiaries in your Last Will and Testament because of a Divorce, simply create a brand new Will document then have it notarized.

To easily and affordably create a new Will document without the expense of an attorney, see details about Standard Legal’s Last Will and Testament legal forms software.

Remember, ‘Ask Standard Legal’ was created to respond only to ‘questions of fact’ for the legal topics listed at the left. So it follows that we cannot respond with suggestions on how a person might structure something or how to proceed; that’s the very definition of legal advice.

You can certainly create an LLC at your discretion with any members you choose to involve. Details about the formation of an LLC can be found here. You might also wish to review the “BUSINESS LAW AND INCORPORATION ARTICLES” at our Standard Legal Law Library to see if an LLC is the best structure for your needs.

But we simply cannot advise you (or even make suggestions) as to the tax or estate issues related to such a decision, or even whether an LLC would function in a certain capacity. In pro se (i.e. “self-help”) law, these are the very types of decisions that must come from the individual “helping themselves”.

If you want or need legal advice, find an attorney. If you need to have a discussion of options on how best to proceed, find an attorney. Unless YOU yourself are 100% certain of the structure you wish to create and the end results of those decisions, find an attorney. To find a local attorney for FREE who specializes in either Estate Planning or Business Law, visit Standard Legal’s Attorney Finder page.

To consider making such a critical long-term financial decision based on some free advice you receive from a faceless person at a legal forms website truly is a bad idea…

The issue of “residency” is important in determining where a couple may file its Divorce case.

In order to start the No-Fault Divorce process, a couple must agree fully to the terms of the divorce, and then file a fully executed complaint in the proper court — where either you or your spouse lives. [ Read More… → ]

For those states whose dissolution process permits such a name change, yes, Standard Legal’s No-Fault Divorce legal forms software (for couples without children) provides the language necessary for the wife to revert to the legal use of her maiden name after the uncontested divorce process is completed.

On occasion in a pro se Divorce or Separation, one spouse will quitclaim their house to the other spouse as part of the agreement. But many times in this situation, the couple does not adjust the mortgage contract for the property, as doing so can sometimes invalidate the mortgage and/or require a balloon payment on the balance. [ Read More… → ]

The laws of most states follow that only those who sign a mortgage note are obligated to make payments on it.

But this is not to suggest that the court might not apply different or varying obligations on the parties should a divorce action be filed — especially if there is a disagreement between the parties on the subject. [ Read More… → ]

The State of New York is the only state in the Union that has not adopted strict “no-fault” divorce law.

In New York, there are six reasons or “grounds” for filing a divorce. But only one of these reasons allows the spouses to voluntarily agree to proceed with a no-fault divorce.

The six “grounds” for divorce in New York state are:    [ Read More… → ]

Ownership of real estate is evidenced by a deed.  If two people are listed on the deed as joint owners, each owns an undivided one-half interest in the whole of the property.

Mortgages, on the other hand, are encumbrances placed upon real property by a lender to secure payment of a loan.  A mortgage signed by one person to purchase real property encumbers that person’s one-half interest in the real property. [ Read More… → ]

A Separation Agreement is a contract, and if the Agreement was valid and binding when signed, it will be valid and enforceable at a later date.

However, if you are looking to use an older Separation Agreement as part of a Divorce filing now, the document must fully and accurately reflect the financial condition of the parties today.  [ Read More… → ]