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CA system 1 the 704's
Not Glossing over. I am simply saying what I know hens the use of the
word MAY. and responding the the question "Any thoughts are much
appreciated"
original question was asking about 704.
roland
On 8/7/2017 3:44 PM, jesseelaw@aol.com [cdcbaa] wrote:
>
> You are glossing over the fact that the property is in New York, which
> is not a community property state, and that CCP 704 et seq. is a
> California exemption. Regardless the original posting says it's PC's
> ex and a judgement has been entered saying everything related to that
> property goes to the ex wife. Baring some fraudulent conveyance issue
> ala _In Re Beverly_, the Court order dividing property should be binding.
> Mark T. Jessee
> Law Offices of Mark T. Jessee
> "A Debt Relief Agency"
> 50 W. Hillcrest Drive, Suite 200
> Thousand Oaks, CA 91360
> (805) 497-5868 (805) 497-5864 (Facsimile)
>
> In a message dated 8/7/2017 3:25:53 P.M. Pacific Daylight Time,
> cdcbaa@yahoogroups.com writes:
>
> The following section may be useful to you in claiming the 704
> exemption. Even the trustee counsel was surprised when I pointed
> this out in response to objection to claim of exemption.
>
> Cal. Civ. Proc. Code § 704.720
>
> (a) A homestead is exempt from sale under this division to the
> extent provided in Section 704.800.
>
> (d) If a judgment debtor is not currently residing in the
> homestead, but his or her separated or former spouse continues to
> reside in or exercise control over possession of the homestead,
> that judgment debtor continues to be entitled to an exemption
> under this article until entry of judgment or other legally
> enforceable agreement dividing the community property between the
> judgment debtor and the separated or former spouse, or until a
> later time period as specified by court order. Nothing in this
> subdivision shall entitle the judgment debtor to more than one
> exempt homestead. _Notwithstanding subdivision (d) of Section
> 704.710, for purposes of this article, "spouse" may include a
> separated or former spouse consistent with this subdivision. _
>
>
> Best regards
> Roland
>
>
> On 7/17/2017 4:19 PM, 'Jennifer L. Jones' jdgrad03@yahoo.com
> [cdcbaa] wrote:
>> Good Afternoon-
>>
>> My PC (husband) has a house in NY that he owns with his ex
>> but has lived here in SoCal for 4 years. He has sent me a copy of
>> the marital settlement agreement stating house will be sold and
>> ex-wife gets 100%. PC thinks there's about 60k in equity in that
>> home. He is asking me whether he should get an appraisal...
>>
>> 1) Does he even need to exempt the property? - If not, I can
>> switch to the 703s.
>>
>> 2) Can it be exempted if he doesn't live there? He's under age
>> 65. The rule seems to state that he needs to be living there.
>>
>> A colleague of mine who practices here said I could use 704 so
>> perhaps he knows something about the trustees and their leanings
>> more so than me.
>>
>> Any thoughts are much appreciated. Thank you in advance.
>>
>> JJ
>> The Law Office of Jennifer L. Jones
>> 1243 S. La Cienega Blvd, Ste 8
>> Los Angeles, CA 90035
>> Tel: (619) 913-9818
>>
>> NOTICE: This message is intended for the addressee and may
>> contain information that is privileged, confidential and/or
>> attorney work product. If you are not the intended recipient, do
>> not read, copy, retain or disseminate this message or any
>> attachment. If you have received this message in error, please
>> call the sender immediately at (619) 913-9818 and delete all
>> copies of the message and any attachments. Neither the
>> transmission of this message or any attachment, nor any error in
>> transmission or delivery shall constitute waiver of any
>> applicable legal privilege.
>
>
> --
> Roland Kedikian, Esq.
> Bankruptcy Attorney
> 220 S. Kenwood St. Ste 310
> Glendale CA 91205
> 818 409 8911
> http://www.KedikianLaw.com/
>
>
Roland Kedikian, Esq.
Bankruptcy Attorney
220 S. Kenwood St. Ste 310
Glendale CA 91205
818 409 8911
http://www.KedikianLaw.com/
The post was migrated from Yahoo.
The following section may be useful to you in claiming the 704
exemption. Even the trustee counsel was surprised when I pointed this
out in response to objection to claim of exemption.
Cal. Civ. Proc. Code § 704.720
(a) A homestead is exempt from sale under this division to the extent
provided in Section 704.800.
(d) If a judgment debtor is not currently residing in the homestead, but
his or her separated or former spouse continues to reside in or exercise
control over possession of the homestead, that judgment debtor continues
to be entitled to an exemption under this article until entry of
judgment or other legally enforceable agreement dividing the community
property between the judgment debtor and the separated or former spouse,
or until a later time period as specified by court order. Nothing in
this subdivision shall entitle the judgment debtor to more than one
exempt homestead. _Notwithstanding subdivision (d) of Section 704.710,
for purposes of this article, "spouse" may include a separated or former
spouse consistent with this subdivision. _
Best regards
Roland
On 7/17/2017 4:19 PM, 'Jennifer L. Jones' jdgrad03@yahoo.com [cdcbaa] wrote:
> Good Afternoon-
>
> My PC (husband) has a house in NY that he owns with his ex but has
> lived here in SoCal for 4 years. He has sent me a copy of the marital
> settlement agreement stating house will be sold and ex-wife gets 100%.
> PC thinks there's about 60k in equity in that home. He is asking me
> whether he should get an appraisal...
>
> 1) Does he even need to exempt the property? - If not, I can switch to
> the 703s.
>
> 2) Can it be exempted if he doesn't live there? He's under age 65. The
> rule seems to state that he needs to be living there.
>
> A colleague of mine who practices here said I could use 704 so
> perhaps he knows something about the trustees and their leanings more
> so than me.
>
> Any thoughts are much appreciated. Thank you in advance.
>
> JJ
> The Law Office of Jennifer L. Jones
> 1243 S. La Cienega Blvd, Ste 8
> Los Angeles, CA 90035
> Tel: (619) 913-9818
>
> NOTICE: This message is intended for the addressee and may contain
> information that is privileged, confidential and/or attorney work
> product. If you are not the intended recipient, do not read, copy,
> retain or disseminate this message or any attachment. If you have
> received this message in error, please call the sender immediately at
> (619) 913-9818 and delete all copies of the message and any
> attachments. Neither the transmission of this message or any
> attachment, nor any error in transmission or delivery shall constitute
> waiver of any applicable legal privilege.
>
Roland Kedikian, Esq.
Bankruptcy Attorney
220 S. Kenwood St. Ste 310
Glendale CA 91205
818 409 8911
http://www.KedikianLaw.com/
The post was migrated from Yahoo.
Reply-To: "Jennifer L. Jones"
X-Original-Return-Path: "Jennifer L. Jones"
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
Good Afternoon-
hat he owns with his ex but has lived here in SoCal for 4 years. He has sent me a copy of the marital settlement agreement stating house will be sold and ex-wife gets 100%. PC thinks there's about 60k in equity in that home. He is asking me whether he should get an appraisal...
1) Does he even need to exempt the property? - If not, I can switch to the 703s.
2) Can it be exempted if he doesn't live there? He's under age 65. The rule seems to state that he needs to be living there.
here said I could use 704 so perhaps he knows something about the trustees and their leanings more so than me.
Any thoughts are much appreciated. Thank you in advance.
JJThe Law Office of Jennifer L. Jones1243 S. La Cienega Blvd, Ste 8Los Angeles, CA 90035Tel: (619) 913-9818
mation that is privileged, confidential and/or attorney work product. If you are not the intended recipient, do not read, copy, retain or disseminate this message or any attachment. If you have received this message in error, please call the sender immediately at (619) 913-9818 and delete all copies of the message and any attachments. Neither the transmission of this message or any attachment, nor any error in transmission or delivery shall constitute waiver of any applicable legal privilege.
The post was migrated from Yahoo.
X-Original-Return-Path: "Jennifer L. Jones"
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
Good Afternoon-
hat he owns with his ex but has lived here in SoCal for 4 years. He has sent me a copy of the marital settlement agreement stating house will be sold and ex-wife gets 100%. PC thinks there's about 60k in equity in that home. He is asking me whether he should get an appraisal...
1) Does he even need to exempt the property? - If not, I can switch to the 703s.
2) Can it be exempted if he doesn't live there? He's under age 65. The rule seems to state that he needs to be living there.
here said I could use 704 so perhaps he knows something about the trustees and their leanings more so than me.
Any thoughts are much appreciated. Thank you in advance.
JJThe Law Office of Jennifer L. Jones1243 S. La Cienega Blvd, Ste 8Los Angeles, CA 90035Tel: (619) 913-9818
mation that is privileged, confidential and/or attorney work product. If you are not the intended recipient, do not read, copy, retain or disseminate this message or any attachment. If you have received this message in error, please call the sender immediately at (619) 913-9818 and delete all copies of the message and any attachments. Neither the transmission of this message or any attachment, nor any error in transmission or delivery shall constitute waiver of any applicable legal privilege.
The post was migrated from Yahoo.