Legal Question in Family Law in California

INS Fraud, Gay & Annulment

1. Do I need a private investigator to prove with physical evidence that she is gay?

2. Is this Notarized Mutual Agreement and Grant Deed that she signed legal and binding?

3. Is there a CA. law that states, she is only entitled to CA. Community property from the time she got her permanent resident green card?

4. Can I sell the house?

Please help me,

5. What are your suggestions and order of priorities?

6. How much cost?


Asked on 2/23/03, 6:08 pm

2 Answers from Attorneys

Matthew Kremer Law Offices of Matthew M. Kremer

Re: INS Fraud, Gay & Annulment

1. Do I need a private investigator to prove with physical evidence that she is gay?

I'M NOT SURE HOW HER SEX ORIENTATION HELPS YOU. WOULD IT BE PART OF YOUR NULLITY ACTION?

2. Is this Notarized Mutual Agreement and Grant Deed that she signed legal and binding?

YES AND NO. IF SIGNED AFTER MARRIAGE, IT COULD BE SUBJECT TO SET ASIDE AS A BREACH OF FIDUCIARY DUTY (THE GRANT DEED). DON'T KNOW WHAT THE NOTARIZED MUTUAL AGREEMENT IS.

3. Is there a CA. law that states, she is only entitled to CA. Community property from the time she got her permanent resident green card?

ASSUMING THERE IS NO PRE-NUPTIAL AGREEMENT, HER ENTITLEMENT TO COMMUNITY ASSETS STARTS WHEN YOU MARRIED AND ENDS WHEN YOU SEPARATE. HER STATUS IN THE COUNTRY IS IRRELEVENT.

4. Can I sell the house? Please help me,

IF NO ONE HAS FILED, YOU COULD SELL THE HOUSE. THE TITLE COMPANY MIGHT WANT HER TO SIGN ANOTHER QUITCLAIM. THERE ALSO MIGHT BE BREACH OF FIDUCIARY DUTY ISSUES.

5. What are your suggestions and order of priorities?

6. How much cost?

DON'T KNOW ENOUGH ABOUT THE CASE TO SET PRIORITIES OR FEES.

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Answered on 2/24/03, 1:48 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: INS Fraud, Gay & Annulment

if you can provide me with a better overview of your case facts, via email, i may be able to further assist you with the questions you posted.

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Answered on 2/24/03, 1:02 am


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