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Palacios Law Group Blog

By Blog Post 20 Jul, 2017
 There are several different ways that you can transfer a real estate title. Each real estate deed has its own set of benefits and consequences. The deed will contain names of old and new owners,  as well as provide a description of the property. This is signed by the person who is transferring the property.  A property deed can take the form of a special warranty deed, general warranty deed, a trustee's deed, or quietclaim deed.
 If you are not informed about these different deeds, we would recommend that you do your research first. If you are unfamiliar with the importance of each kind of deed, we are here to help. There is a potential for title issues. Title issues can be difficult because these issues can even arise many years after the property was already transferred. There are several factors that could lead to a potential mistake with paperwork. These errors are taking form in a new way through the digital era. Errors sometimes occur when transferring the physical copy to digital form.
 Title issues will also occur when there is undiscovered issues with the property. This may include second or third mortgages, boundary issues (check out our previous blog post for more information in regards to this), or forged public documents. With the passing of time, there is an increase in the issues that may acquire in regards to the property.
Palacios Law Group will focus on quietclaim deeds in this week's blog post.
 A quietclaim deed is a legal document that lets an owner transfer their ownership interest in a piece of property to a recipient, but offers no guarantee of ownership. These are rarely used when selling property. This method is useful if you are transferring ownership between family members or transferring ownership into a living trust.
 The interest passes from grantor to grantee. Couples will use quietclaims in a divorce to pass the property to each other. Some states allow a "deed in trust" to transfer title to a living trust. Other states however could use the quietclaim deed.
 According to Legal Zoom, "The grantee is receiving title to the property “as is,” and there may be encumbrances, known or unknown on that property that the grantee is receiving."
 A Warranty Deed promises or “warrants” that title is clear from any encumbrance or defect. This is the opposite of a Quietclaim Deed.
 Quitclaim deeds are usually filed at the recorder’s office or register of deeds office in the county where the property is located. It's an easy way to transfer property but it is also considered as "buyer beware".
 Ask the experts at Palacios Law Group for more information in regards to your real estate issues or situations.
Source:
click here----> Legal Zoom 
By Blog Post 19 Jul, 2017
 Just because you are not involved in a lawsuit, doesn't mean that an attorney can't help you. There are so many times that just spending a few minutes talking to an attorney can help. If you are not an expert at law, legal aspects can be clarified by an attorney!
 Speaking with an attorney can help you to make decisions. Many people try to avoid speaking to a lawyer due to the cost. There are several attorneys that provide affordable rates. There are some law firms that even provide a free first time consultation, such as Palacios Law Group! Spending a small amount with a lawyer can help you to avoid a costly mistake. You would not want to risk a costly business or personal life mistake. This won't only take money, but also your time to solve.
 Having a lawyer is convenient if there is ever a time where someone threatens to sue you., refuses to comply with a contract, or if someone you had a relationship with won't follow the custody or child support order. There are times that just a simple call to your lawyer can solve the problem.
 For a low fee a lawyer can even write a letter on your behalf as a way to resolve a problem instead of having to go to court.
 As it was mentioned earlier, talking with an attorney can help clarify any of your questions about law that you are unfamiliar with. The law is very complex. You might have a rough idea about your options, but we guarantee that an expert can give you the best advice, and explain your options in greater detail. This can come in handy when it comes to child support, wills, health care directives, or even contracts.
 The knowledge of a lawyer can be used to your advantage to help you save money, get more money, or have your wishes upheld.
 When you are involved in a legal matter in which the other party involved has a lawyer, you may be put at a disadvantage if you do not have your own. In a situation like this it is recommended to have your own attorney. They will know how to handle the situation better than you.
 There are plenty of legal forms involved in different aspects of law such as wills, health care directives, power of attorney, trusts, and divorce petitions. If you do not do this properly on your own, then the arrangement won't be legally binding. It is always better to make sure that you keep yourself protected. This is another situation in which an attorney is recommended.
 If you are in need of an attorney, don't hesitate to call Palacios Law Group! We offer a free first time consultation. We are always here to help.
Source:
click here----> Legal Zoom
By Blog Post 17 Jul, 2017
 A common issue that people wonder about when going through a divorce is, "what will happen to the debt?" Debt division is an extremely important issue, especially because the individuals involved are going from a joint dependent marriage to being independent individuals. It can be extremely difficult for a newly single person to adjust to the new lifestyle. It will especially make the situation more difficult if there is debt involved. Outstanding bills is a factor that determines a couple's net worth. The most ideal thing you could do is to pay off any debt before filing for divorce, but this isn't always possible obviously.
 The most critical factor in determining the division of debt is applicable state law. The laws vary, so it is recommended that you check up on your state's laws. Most states are "common law property" states, which means debts in the name of one spouse remains the responsibility of that spouse alone after divorce.
 There are exceptions to this though, even if your state is a "common law property" state. This may include debt that occurred for family necessities and for living expenses. This could be the cost of groceries, housing, utilities, or tuition for children attending school. These are considered joint liabilities.
 Usually in common law property states, the judge will divide the debt. He or she may take into account different scenarios such as one individual involved running up credit card debt. Especially if this was without the knowledge of the other party involved. The judge may consider the length of the marriage, the financial situations of both parties involved, and how their financial situation has changed prior to the marriage in comparison to now.
 There are other states that are considered "community property states". These states include Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. In these states, any debt that was acquired by either party during marriage are jointly held. In states like these, debts that occurred before marriage by one spouse do not become the responsibility of the other.
 You may be wondering if the laws are any different for same-sex marriages, domestic partnerships, or civil unions. The laws are generally the same in states that allow these relationships, but only in the states where these relationships are viewed as equivalent to marriage.
 According to Legal Zoom, "not surprisingly, in community property states, since most debts are jointly owned, a creditor can generally go after joint property and income to cover such joint debts." In most common law property states, joint property may be seized for debts that occurred for family necessities and living expenses. Debt held by one spouse does not usually entitle a creditor to go after a joint property though.
 "Another consideration may be if real estate is held in “tenancy by the entirety,” which means that each spouse owns the undivided whole of the property. "
 If a couple has a prenuptial agreement, that includes a provision for debt division upon divorce, its terms will be upheld by the court.
 If you still have questions, and are in of legal advice from a lawyer, Palacios Law Group is always here to help. We are the experts at family law and divorce.
Source:
click here----> Legal Zoom
By Blog Post 17 Jul, 2017
 For most people, especially living in New York, you have to deal with neighbors on the day-to-day basis. Your neighbors can come from a variety of backgrounds. Their lifestyle might not be the same as yours. This could potentially cause conflict down the line. Understanding typical neighbor disputes can help you when you are in need of legal advice or understand how to avoid the situation.
 It is common that neighbors get into disputes over property boundaries. In order to resolve the issue, you are going to want to be informed. There are property surveys done at the time of the purchase that reflects the boundary lines. In order to determine the accurate boundary lines, an updated survey could be ordered. If a survey does not resolve a boundary dispute, the property owner may file a quiet title lawsuit. They can request that the judge determine the boundary line. This is a more expensive method than a survey. It is recommended to get a survey if that is an option that is attainable.
 Another option for a boundary dispute is for the owners to agree on some object as a line dividing the property. The owners would then sign a quietclaim deed to the other. This grants the neighbor ownership to any land on the other side of this line.
 Another common dispute that neighbors may have is if one neighbor blocks a scenic view. In a situation like this, it all depends on where you live. You may have a few options.
 Cities and towns near the ocean, with views of the mountains, or have nice views usually have view ordinances. Many of these laws do not include obstructions other than trees. Usually if a homeowner loses their view due to a neighbor growing tress, they can sue this neighbor. If your city lacks a view ordinance, other homeowners' association rules could be enforced.
 A method to avoid a situation like this is to purchase an easement from your neighbor. This is a written contract granting a nonpossessory interest in another individual's land.
 Another dispute that can happen between neighbors is if there is any damage done to your property due to a neighbor. This can often be from water damage. If a neighbor has altered his property in some way that causes more water to run onto your land than would otherwise, then your neighbor is liable. If you can prove that your neighbor is responsible for this damage, then you may be able to collect damages. Some of these damages include the cost of repairs,cost of staying at a hotel while your home is being fixed, any medical bills that are a result of the damage, and punitive damages if your neighbor was acting maliciously.
 Although there are many other neighbor disputes, the final common dispute that will be discussed is noise complaints. In most communities there are laws and ordinances that prohibit excessive noise. There may be certain set times during the day that are general quiet times.
 If you need to talk to a neighbor about their noise, it is always the best solution to talk rather than shout at them. You can give them a warning by sending them the local noise ordinances if you need to. Meditation is a method to sit down with your neighbor to hash out the problem. If nothing has worked, you can always resort to calling the cops.
 These are just some typical neighbor disputes. Find Law covers a variety of other typical problems, and methods for solving it. Check out the source below for more information!
Source:
click here----> Find Law

By Blog Post 07 Jul, 2017
 If you are younger, then you might not be thinking about it much now, but at some point you will retire. Retirement is a time that some people look forward too while other people fear it. How you feel about it may all depend on how much you plan. Your working years are your time to plan for this. Here are the basics that you need to know when it comes to social security and retirement saving funds.
 Social Security is the safety net for the elderly and disabled community who are unable to work. This is funded by mandatory taxes that everyone pays during their working years. The retirement age in which you can apply for benefits is between 62 years old and 67 years old, depending on where you were born and how long you worked for.
How much you will receive depends on how much you were able to give in taxes when you were working.
 Other individuals who get Social Security benefits are people who suffer with long-term illness. This illness is so severe that they are unable to work. In order to get these benefits, you will need to show proof, like medical records.
 The Social Security check will make your life a lot easier, but this doesn't mean that it will cover enough to live comfortably. This is why it is important to have a retirement plan.
 There are a variety of ways to save money as you work.These ways include pensions, 401(k), Individual Retirement Accounts, and Keogh Plans.
 Pensions is when an employer sponsored plans that pays benefits to retired employees typically based on how many years of service the employee had with a company. The employer manages the pension fund and will pay the benefits once the employee retires.
 A 401(k), 403(b), and 457 plan is when employers set up retirement investment accounts. These are for their employees. The employee will contribute to the account and invest money.
 An Individual Retirement Account, also know as IRA is similar to a 401(k). An individual can set this up on their own if they want, without the help of an employer.
 Keogh Plans are designed for the self-employed. There are different rules about how much the owner can contribute to this.
 Social Security can often be handled without an attorney's assistance. Social Security attorneys handle social security claims that have been denied, or if there is a dispute over the benefits. This appeal process evaluates the medical condition of the individual. If this is the case, it can be helpful to have a lawyer who specializes in this law.
 If you are looking to plan for the future, then you will definitely want to contact an attorney who specializes in estate planning or has an understanding of tax laws.
For more information, check out Find Law.
Source:
click here----> Find Law 
By Blog Post 05 Jul, 2017
Considering becoming a foster parent?
 There are so many children who have been orphaned or removed from their homes. These children are looking for a stable and loving environment. Not everyone chooses to adopt a child. There are other individuals or families who choose to be foster parents. Foster care provides these children with the care and support that they need. These arrangements differ from adoption because these are temporary situations. Sometimes foster care can lead to adoption though.
 Foster care can take a variety of forms. There is single foster family, group home, and kinship care. Single foster family is when one or more parents care for up to 6 foster children in their home. This sometimes will happen even with the parents own biological children living in the home.
 A group home is when adults supervise more than 6 children.
 Kinship care refers to full-time foster care. This care is done by relatives, godparents, stepparents, or other adults who have had a prior relationship with the child.
 Most foster care programs are funded by the Social Security Act. According to Find Law, this passes funds to non-profit state-licensed organizations who oversee local foster programs.
 Foster parents are able to receive subsidies and reimbursement for the additional expenses of caring for a foster child.
Now many people get interested in foster care, but what does it take to actually be a foster care parent? You will need to ensure that you could keep the child safe and care for their well-being. You must meet certain qualifications to become a foster parent. The same goes for adoption as well. There are plenty of resources online that will describe this in further detail. State laws will vary, so it is important to make sure that you educate yourself on your state's laws.
 Usually the person should be over 21 years old, has space for the kid, has a regular source of income, and no criminal record. They must be dependable.
 The foster care process can be very complicated. It is a legal decision that you will really want to think about before making a decision. A family law expert, such as the lawyers at Palacios Law Group, can help you through the process , as well as, give you more information.
 Contact us if you have been considering foster care.
Source:
click here ----> Find Law 
By Blog Post 27 Jun, 2017
 Is it your first time buying a house? If you are not sure what to expect, then you might have considered hiring a lawyer to help with the process. Some people argue that you don't need one, while other people feel more comfortable. It is no secret that real estate agents earn high commissions. The commission is usually paid by the seller, but cost can be indirectly passed on to you.
 How can a real estate lawyer help you instead of a real estate agent?
 The law varies from state-to-state. A real estate agent's help is not legally required, but most people need the help of an expert. They can help prepare your home for purchase. In some states, only a lawyer is allowed to prepare the home purchase document, perform a title search, and close the deal.
 It is always important to make sure you are familiar with your state's laws before taking action.
In order to know if it would be best to hire an agent or an attorney, it is important to discuss the difference. You might want to hire an agent because the process of buying or selling a home is complex. There will be a lot of paperwork involved. A real estate agent is familiar with the process and can help make it as smooth as possible for you. There are also many other parts involved in the process such as hiring inspectors, negotiating over who pays the repair costs, keeping contact with sellers, and more. Usually real estate agents have recommended contacts for good inspectors, mortgage loan brokers, and whoever else you may need to contact during the process.
 If you are buying a home, you may notice that the real estate agent of the seller is trying to persuade you to use them as your agent as well. It's always better to have your own agent.
 Even though your agent is helping you find a home that not only fits your needs, but also fits you budget, it doesn't mean that they will find you the perfect home. It's important to always remember that you are in control at all times during the process. You are the only person who really knows what you want at the end of the day. Keep this in mind during the entire process.
 Do not just rely on the advice of an agent. It is important to make sure that you educate yourself as much as you can about the home-buying process to make it a little easier, and also to help you get the best deal. This is also a great way to prevent misunderstandings throughout the process.
 Regular real estate transactions do not require a lawyer, but it could help. If legal issues arise that your real estate agent cannot answer, it will be best to turn to the advice of a lawyer. Real estate agents cannot make judgments when it comes to legal questions.
 An example of a time in which an attorney would be better to turn to is if your prospective new home has an illegal in-law unit with an existing tenant whom you want to evict to rent the place to someone else. Only a lawyer can tell you if these plans are feasible. There are so many other examples that could be used to describe scenarios in which you would need a lawyer's advice.
 Another difference between a real estate agent and an attorney that you will want to be aware of, is how they are paid. Real estate agents usually work on commission. They get their compensation after your home search is over, the contract is negotiated, and the transaction is complete. Usually around 5% of the sales price is split between the agent that the individual is working with as well as the agent the other party is working with. There are also cases in which a buyer prefers to hire an agent and pay the commission themselves. They do this in order to gain the loyalty of the agent. There are very uncommon cases in which an agent might prefer tasks for an hourly rate rather than get commission.
 Attorneys will usually charge you by the hour. These prices range, but on average are between $150 to $350. There are also some attorneys who may just change a flat fee for their service. This may be something you would want to negotiate with them if you can, if you are only looking for them to preform a specific task.
 It's important to understand the difference between a real estate agent and a real estate lawyer. Both can help you in different ways depending on your situation.
 If you are in need of an expert real estate lawyer, do not hesitate to give Palacios Law group a call. We are now offering free first time consultations.
Source:
Click Here----> NOLO
By Blog Post 26 Jun, 2017
 Domestic violence is the willful intimidation, physical assault, battery, sexual assault, or other abuse done to an intimate partner as a means of power and control over this person. Victims of domestic violence are protected under both federal and state laws. These individuals may seek relief in  civil or criminal court.
 Individuals in this situation may help law enforcement to build a criminal case against their abuser. There are plenty of resources available for individuals who are a victim of this abuse.
 The Violence Against Women Act was passed by Congress in 1994 and supplemented the bill in 1996 to create and fund programs. This is meant to protect victims. This act established a national domestic violence hotline for women to reach out whenever they are in need of help. This act also allows those abused immigrant spouses to apply for permanent residency independent of their abuser.
 The laws will vary from state-to- state. These laws sometimes vary significantly. Certain states require physical abuse, while others include emotional or psychological abuse. Whether one individual or both parties get arrested all depends on the state's laws.
 These state laws may even exempt a person from reporting this domestic violence. According to Find Law, in the state of California, only doctors who have seen physical signs of the abuse can report abuse. There are other states that are not so specific about their law. In other states, someone can report this abuse merely because they suspect it.
If an immigrant was abused in the United States by a U.S. citizen or permanent resident, then they can self-petition and apply for permanent residency.
 It is sometimes difficult to determine whether or not the person you are in a relationship with is abusive or not, especially during the early stages. Some examples that you may want to look out for is if this individual tells you that you can't do anything right, often embarrasses or shames the victim, is controlling over the other person's actions, stalks the victim, threatens to hurt the victim or their friends, forces sexual activity upon the victim, or destroys their property. There are plenty of other examples of abuse, but these are important signs to look for.
 If you or someone you know is experiencing domestic violence, it is important to reach out to a National Help Hotline. Call 1-800-799-7233 .
 If you are in need of an attorney to help you with you case, Palacios Law Group is here to help!
Source:
Click Here -----> Find Law 
By Blog Post 23 Jun, 2017
 In a criminal law case, the prosecution has the burden of proving every element of crime beyond a reasonable doubt. The defendant is not required to prove innocence to avoid the conviction. The prosecution also does not have to prove guilt to the point of absolute certainty. It is not always the case that the prosecution has to bear all proof, sometimes the burden is shifted to the defendant.
 If the prosecution establishes a fact that proves an element of the crime, then the burden will be switched to the person being accused of the crime. The defendant does not have to disprove this fact, but can raise doubt about it. They just need to create enough doubt about crucial information related to the case. If the prosecution provides multiple convincing facts, then it's going to be more difficult for the defendant to raise doubt.
 An example of this stated by NOLO would be, if the prosecution shows when searching for the defendant, the police found a watch that store records reflect as stolen. If this is a case of burglary, the defendant would have to try to explain how he legally obtained the watch.
 This individuals receipt or testimony is important.
 The prosecution is also trying to prove that the defendant had a very particular intent behind their accused action. Prosecution will have to prove that the defendant had committed the crime in question, and that they did it for a specific reason. A general intent crime for example is assault and battery. An individual hit someone in order to try to rob them.
 An individual in a situation where they are getting accused of crime can claim that their actions were justified due to specific reasoning that otherwise would not be accepted. These are affirmative defenses. One of the more well-know affirmative defenses is considered self-defense. The defendant must acknowledge that they did commit this act. They must proclaim that their actions were necessary in order to defend themselves. An example of this would be fighting off a mugger.
 According to NOLO, " Some states may require defendants to prove self-defense by a “preponderance of the evidence,” while others require them to simply raise a plausible basis for it, and the prosecution to disprove it beyond a reasonable doubt. " Other affirmative defenses include duress, entrapment, insanity, and necessity.
If you are involved in a criminal law case and need assistance of an expert, don't hesitate to call Palacios Law Group. We are always here to help.
Source:
click here----> NOLO
By Blog Post 23 Jun, 2017
 Commercial Real Estate transactions have the potential to be high risk due to the amount of money invested. Sometime legal issues may happen during the sale or purchase of commercial property.
 Real estate property is very unique. You can't exactly compare based on size, age, use, the state of the building, etc. Making a property evaluation of the property is very challenging. An experienced commercial appraiser can assist both buyers and sellers to help them determine if the property is really worth the price. Not giving or getting an accurate property valuation can cause potential legal issues.
 When making a commercial property business transaction, investigation will be needed. The buyer must know exactly what is involved in the transaction. The buyer must know of any potential problems involved with this property's intended use. An example of this would be , you would want to make sure that the zoning for the property allows your intended use, title of the property will identify liens, and easements, and identifying property corners will assist in identifying possible encroachments. An attorney can help you avoid a costly error. You will want to contact an experienced real estate lawyer.
 When you plan to purchase a piece of commercial real estate, you will want to make sure that you are not assuming liability for any previous violations of law. If you buy a property, you don't want to later find out something such as environmental hazards exist there. You would be liable to take care of this problem. Even if you were not the cause of the problem, you will still have to be the individual to provide a solution for it. This could be very costly.
 Real estate is definitely an investment for a business. These purchases can also tie up your liquid assets. The period of time that this might happen for varies, but it could be a lengthy amount of time. If you are struggling to collect rent from your tenants or you can't seem to fill up empty rooms, this may leave you struggling to make the required payments to your financial company. If you try to sell a property due to financial problems, it may take some time. It will more likely take more time if the market is down. You should evaluate your risks before you decide to make a business transaction.
 If you are considering buying or selling commercial property, then you are going to want to contact a real estate lawyer. Palacios Law Group is always here to help and answer any of your questions!
Source:
click here----> LinkedIn 
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Palacios Law Group Blog

By Blog Post 20 Jul, 2017
 There are several different ways that you can transfer a real estate title. Each real estate deed has its own set of benefits and consequences. The deed will contain names of old and new owners,  as well as provide a description of the property. This is signed by the person who is transferring the property.  A property deed can take the form of a special warranty deed, general warranty deed, a trustee's deed, or quietclaim deed.
 If you are not informed about these different deeds, we would recommend that you do your research first. If you are unfamiliar with the importance of each kind of deed, we are here to help. There is a potential for title issues. Title issues can be difficult because these issues can even arise many years after the property was already transferred. There are several factors that could lead to a potential mistake with paperwork. These errors are taking form in a new way through the digital era. Errors sometimes occur when transferring the physical copy to digital form.
 Title issues will also occur when there is undiscovered issues with the property. This may include second or third mortgages, boundary issues (check out our previous blog post for more information in regards to this), or forged public documents. With the passing of time, there is an increase in the issues that may acquire in regards to the property.
Palacios Law Group will focus on quietclaim deeds in this week's blog post.
 A quietclaim deed is a legal document that lets an owner transfer their ownership interest in a piece of property to a recipient, but offers no guarantee of ownership. These are rarely used when selling property. This method is useful if you are transferring ownership between family members or transferring ownership into a living trust.
 The interest passes from grantor to grantee. Couples will use quietclaims in a divorce to pass the property to each other. Some states allow a "deed in trust" to transfer title to a living trust. Other states however could use the quietclaim deed.
 According to Legal Zoom, "The grantee is receiving title to the property “as is,” and there may be encumbrances, known or unknown on that property that the grantee is receiving."
 A Warranty Deed promises or “warrants” that title is clear from any encumbrance or defect. This is the opposite of a Quietclaim Deed.
 Quitclaim deeds are usually filed at the recorder’s office or register of deeds office in the county where the property is located. It's an easy way to transfer property but it is also considered as "buyer beware".
 Ask the experts at Palacios Law Group for more information in regards to your real estate issues or situations.
Source:
click here----> Legal Zoom 
By Blog Post 19 Jul, 2017
 Just because you are not involved in a lawsuit, doesn't mean that an attorney can't help you. There are so many times that just spending a few minutes talking to an attorney can help. If you are not an expert at law, legal aspects can be clarified by an attorney!
 Speaking with an attorney can help you to make decisions. Many people try to avoid speaking to a lawyer due to the cost. There are several attorneys that provide affordable rates. There are some law firms that even provide a free first time consultation, such as Palacios Law Group! Spending a small amount with a lawyer can help you to avoid a costly mistake. You would not want to risk a costly business or personal life mistake. This won't only take money, but also your time to solve.
 Having a lawyer is convenient if there is ever a time where someone threatens to sue you., refuses to comply with a contract, or if someone you had a relationship with won't follow the custody or child support order. There are times that just a simple call to your lawyer can solve the problem.
 For a low fee a lawyer can even write a letter on your behalf as a way to resolve a problem instead of having to go to court.
 As it was mentioned earlier, talking with an attorney can help clarify any of your questions about law that you are unfamiliar with. The law is very complex. You might have a rough idea about your options, but we guarantee that an expert can give you the best advice, and explain your options in greater detail. This can come in handy when it comes to child support, wills, health care directives, or even contracts.
 The knowledge of a lawyer can be used to your advantage to help you save money, get more money, or have your wishes upheld.
 When you are involved in a legal matter in which the other party involved has a lawyer, you may be put at a disadvantage if you do not have your own. In a situation like this it is recommended to have your own attorney. They will know how to handle the situation better than you.
 There are plenty of legal forms involved in different aspects of law such as wills, health care directives, power of attorney, trusts, and divorce petitions. If you do not do this properly on your own, then the arrangement won't be legally binding. It is always better to make sure that you keep yourself protected. This is another situation in which an attorney is recommended.
 If you are in need of an attorney, don't hesitate to call Palacios Law Group! We offer a free first time consultation. We are always here to help.
Source:
click here----> Legal Zoom
By Blog Post 17 Jul, 2017
 A common issue that people wonder about when going through a divorce is, "what will happen to the debt?" Debt division is an extremely important issue, especially because the individuals involved are going from a joint dependent marriage to being independent individuals. It can be extremely difficult for a newly single person to adjust to the new lifestyle. It will especially make the situation more difficult if there is debt involved. Outstanding bills is a factor that determines a couple's net worth. The most ideal thing you could do is to pay off any debt before filing for divorce, but this isn't always possible obviously.
 The most critical factor in determining the division of debt is applicable state law. The laws vary, so it is recommended that you check up on your state's laws. Most states are "common law property" states, which means debts in the name of one spouse remains the responsibility of that spouse alone after divorce.
 There are exceptions to this though, even if your state is a "common law property" state. This may include debt that occurred for family necessities and for living expenses. This could be the cost of groceries, housing, utilities, or tuition for children attending school. These are considered joint liabilities.
 Usually in common law property states, the judge will divide the debt. He or she may take into account different scenarios such as one individual involved running up credit card debt. Especially if this was without the knowledge of the other party involved. The judge may consider the length of the marriage, the financial situations of both parties involved, and how their financial situation has changed prior to the marriage in comparison to now.
 There are other states that are considered "community property states". These states include Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. In these states, any debt that was acquired by either party during marriage are jointly held. In states like these, debts that occurred before marriage by one spouse do not become the responsibility of the other.
 You may be wondering if the laws are any different for same-sex marriages, domestic partnerships, or civil unions. The laws are generally the same in states that allow these relationships, but only in the states where these relationships are viewed as equivalent to marriage.
 According to Legal Zoom, "not surprisingly, in community property states, since most debts are jointly owned, a creditor can generally go after joint property and income to cover such joint debts." In most common law property states, joint property may be seized for debts that occurred for family necessities and living expenses. Debt held by one spouse does not usually entitle a creditor to go after a joint property though.
 "Another consideration may be if real estate is held in “tenancy by the entirety,” which means that each spouse owns the undivided whole of the property. "
 If a couple has a prenuptial agreement, that includes a provision for debt division upon divorce, its terms will be upheld by the court.
 If you still have questions, and are in of legal advice from a lawyer, Palacios Law Group is always here to help. We are the experts at family law and divorce.
Source:
click here----> Legal Zoom
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