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Santa Rosa California Legal Blog

What can you do when a seller won't move out of the home you buy?

Buying a home as a major investment. Whether you purchase it as your primary residence or intend to rent it out to others, a new home is a significant purchase. There are many benefits to acquiring real estate, but there are also many potential pitfalls. One issue that people don't often consider until it happens to them is the potential for the seller to not move out.

Most real estate contracts include terms related to possession. Possession of the home literally means living in and using the home. In a seller's market, it is possible that you may have to concede some time to the other party in the transaction. This could range anywhere from a few weeks to several months. However, it is possible to run into a situation where they simply refuses to leave.

Common issues that may lead a couple to consider divorce

Upon making the decision to marry, many couples in California and elsewhere may enter the union with the goal of staying together throughout life. Over the course of a marriage, couples may face a variety of challenges, ranging from minor disagreements to heated arguments. While a couple may experience hardships under numerous scenarios, studies suggest that certain issues may increase the chances of divorce.

One of the most common causes of rifts between married couples pertains to infidelity. Similar concerns can lead to feelings of anger and resentment, both of which can be unhealthy. Another major concern for many couples revolves around finances, and while a difference in spending habits or long-term financial goals might not seem significant at first, these differences can take a toll on a relationship.

Bankruptcy: Keeping debt from impacting retirement plans

Dealing with significant amounts of debt can be challenging for individuals of any age. However, for individuals in California that are approaching retirement, there may be additional concerns to facing overwhelming financial obligations. Those who experience similar challenges may benefit from speaking with a bankruptcy attorney for guidance on the available options to help reduce or eliminate debts and regain control over their finances.

With fewer options to earn additional income, and the likelihood of living on a fixed budget, substantial amounts of debt could pose a significant threat to one's plans for retirement. Unfortunately, this remains a concern for many individuals, and similar concerns could lead some to consider dipping into retirement savings to pay down debts. A similar decision might not be advisable, and may only provide temporary relief for a long-term issue.

Avoid these mistakes if you plan to divorce

If you are not careful, divorce can be tricky and full of pitfalls. Unfortunately, even a small misstep can seriously damage your finances. When you are starting over after a long-term marriage, your post-divorce financial health should be among your top priorities. For instance, can you afford to keep your marital home in Santa Rosa or would it benefit you more to sell the property and divide the proceeds? Insisting on coming out of a divorce with the house is a mistake that many people make out of nothing more that sentimental attachment.

There are other common mistakes that many people make during the divorce process that can severely hurt finances. If you are planning to end your marriage, avoid the following divorce mistakes.

Off-duty police officer faces DUI charges in California

There may be a multitude of scenarios in which a driver can become drowsy while operating a motor vehicle. Those who are on the road for extended periods or have demanding work schedules could be more susceptible to fatigue. Unfortunately, an off-duty police officer has been arrested and is now facing DUI charges after allegedly falling asleep behind the wheel of his vehicle in California.

According to law enforcement agents, the incident began when witnesses called in to report a driver that was allegedly drifting in and out of the lanes of traffic. Upon arriving at the location and approaching the vehicle, authorities claim to have found the driver asleep behind the wheel. Although it is unclear how they came to suspect the presence of impairment, field sobriety tests were initiated soon thereafter.

California will take legal action if you don't pay child support

Money is a common source of serious disagreements in modern marriages. In fact, financial problems can often be a contributing factor to a divorce. However, just getting divorced doesn't mean that the fight over financial issues will end. In fact, more issues may arise as your divorce moves forward.

You may feel like the amount of child support the court has ordered you to pay is far too high. After you factor in rent and your other monthly expenses, you may not have much money left over.

2 facing DUI charges after allegedly fleeing the scene of a crash

Two individuals have been arrested in relation to an incident in which a passenger allegedly attempted to switch seats with a driver after a crash in California. Leaving the scene of a crash is never advisable and can also lead to criminal charges. Regardless of the motivations behind a similar action, switching seats with a driver while under the influence may only make matters worse and could leave both parties accused of DUI.

Law enforcement agents assert the incident began when they received reports of a hit-and-run accident. Using information provided by witnesses, they claim to have located the vehicle soon thereafter. Upon approaching the driver, officers assert he was exhibiting signs of impairment, but they also claim that he wasn't the one driving the car when the accident took place.

Knowing the topics to address during divorce in California

It is no secret that ending a marriage can be a stressful and emotional process. With numerous crucial topics to address, it can also be complex, and those who are going through a divorce may find it advisable to seek guidance early on. Individuals in California may wish to prepare for what comes next by gaining an understanding of what topics will be covered in the process, but they might need guidance in achieving this goal.

One major area of concern for many during divorce may pertain to the division of property. Marital property may consist of all assets obtained over the course of a marriage, ranging anywhere from homes and real estate properties to business interests and investment accounts. Identifying all marital assets and the value of each could prove essential to pursuing a favorable outcome.

Could an inherited IRA play a role in divorce negotiations?

In community property states, such as California, all assets obtained over the course of a marriage are considered marital property. As such, they will be divided equally between spouses in the event of a divorce. However, while certain assets, such as an inherited IRA, may retain their separate identity throughout the process, some may wonder if they can use such an asset to negotiate a favorable outcome during legal proceedings.

An inherited IRA that is obtained prior to marriage may retain its separate identity throughout divorce. However, should the account become mingled with marital assets in any way, it could lose its separate identity and become community property. In some cases, if the account increases in value during a marriage, the amount of the increase could also be deemed marital property and thus be subjected to property division.

Keep your kids uninvolved when dealing with a custody battle

The emotions that well up during a divorce can often be overwhelming. Many people look for an outlet anywhere they can find one. Sometimes, that outlet is the minor children from the marriage. For example, if your ex is refusing to pay child support but still demanding visitation, you might feel like the children should know that the other parent is acting like a deadbeat.

However, even if what you say is true, talking poorly about your ex to your children could actually hurt your custody case. Similarly, putting your children in the middle of your fights, arguing in front of them or forcing them to act as messengers can all cause strain for your children that they don't need in addition to the stress of your divorce.

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