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Topic: Erik threw Donna out of the house


Topic Posted by: bingo
Date Posted: Tue Sep 23 9:16:05 2008
Additional Comments:

When Steph and Erik divorcd, did Steph sell him her part of the house, or did she just step aside? Can't remember. However, Donna has no rights to be in the house at the moment eith  er, Erik threw her out, after he woke up and saw Donna in the clinch with Owen.

Yesterday I felt somewhat sorry for Erik. As Thorne and Steph were busy to usher Donna out of the room, you could tell Erik was trying to say something, however none of them payed any attention to him. Advice to Steph: As much as you want to help him recover, pay more attention to his needs, talk to him, don't just assume





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Posted by: Spicemommy
Date posted: Thu Sep 25 0:41:22 2008
Message:
In community property states, all assets during a marriage are considered jointly owned until a judge rules in a DIVORCE (which has not happened here) unless special provisions are taken to clearly classify them as separate personal property.  Considering Eric gave Donna full power of attorney, I doubt that took place.  In reality, Donna could call the police and have Stephanie and Thorne of The Trusty Walkie Talkie thrown out on their asses.

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Posted by: ingyandbert
Date posted: Tue Sep 23 12:21:52 2008
Message:
Stephanie sold Ear Wax her interest in the house.  Whether or not Donut has an interest in the house depends on whether the transaction took place before or after her marriage to Ear Wax.  If he bought Stephanie out before the wedding, Donut has no ownership interest unless Ear Wax specifically had her name added to the deed.  If he bought Stephanie out after the wedding, then Donut has a claim as joint marital property. 

Replies: (list all replies)

  • Nice job I&B. Kinda makes me wish I'd paid attention in Real Property now. I never took Family Law. And as for my Real Property class, my eyes glazed over with Intestacy cases. YAGOTTHAT
  • Tell me about it! That stuff is so dry I don't know how people work in that area of law all day. ~i&b

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    Posted by: fee
    Date posted: Tue Sep 23 10:22:16 2008
    Message:
    Oh REALLY????  My understanding was that when you were married things were owned JOINTLY!!!   Which would mean that Donna has every right to be in that house. 

    Replies: (list all replies)

  • I think the implication was that Steph gave Eric the house. Just because Donna and Eric are married doesn't mean she owns half of it. YAGOTTHAT
  • Steffers said she sold her interest in the house to Ear Wax. ~i&b
  • In my state if you're married you own half!!! THat's what makes marriage marriage, and also what makes many people not commit marriage!!! Also, whether she owned it or not, there's the tenant law. If you throw someone out of a house, you have to do it in writing and have to give them a certain amount of time to get out. You don't just ''tell'' them to get out! I know of a time that was tried, and the person came back with the police, and the lady had to let the man back in ''HER'' house because she hadn't ''evicted'' him! fee
  • Tenant law has nothing to do with it. Donut was never a tenant. People kick their spouses out of the house all the time when they separate, they don't have to give legal notice. My understanding of California law is that any property acquired before marriage or acquired during the marriage using pre-marital funds remains that person's separate property. So in this case, if Ear Wax bought out Stephanie's half of the house before marrying Donut, then Donut has no claim to it. Actually, even if he bought out Stephanie after the marriage Donut would likely still have no claim because Ear Wax would have used money that was his before the marriage. ~i&b
  • BTW, fee, what state are you in? Your laws sound different than most states I'm familiar with. ~i&b

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