Title: March 8, 2006
Q. Can my wife testify against me in a criminal case I am involved in?
A. Generally speaking, a marriage person may not be forced to testify against his or her spouse in any proceeding. This privilege will still hold even after the couple gets divorced, though it will only apply to acts and conversations held while they were married. However, there are exceptions, i.e. (1) where one spouse is suing the other (including divorce or child custody hearings); (2) A proceeding where one spouse wishes to have the other committed or take control over property because of the spouse’s alleged mental or physical condition. (3) A criminal proceeding in which one spouse is charged with a crime against another spouse or family member (even if committed before the marriage). (4) Charge of bigamy (5) a civil case brought by one spouse for the immediate benefit of the other spouse and (6) any communications made to enable or aid anyone to plan or commit a crime or fraud.
A I bought a brand new car last September, but I keep having to bring it in for repairs and I am tired of this. In the last seven months, I have had my car to drive for a total of 3.5 months. This is ridiculous. I believe I have a “lemon”. What can I do?
Q. California’s Lemon Law states that if a car manufacturer or an authorized dleaer or representative can’t repair a serious defect of a new vehicle under warranty after a reasonable number of attempts, then the manufacturer must either promptly replace the car or give the buyer back his or her purchase price. Of course, the decision to get a new vehicle or get your money back is up to you. If you choose to get your money back, it will not include the costs of items that were installed by either the dealer or yourself after the car was shipped by the manufacturer. You will be compensated for any incidental costs associated with getting the car fixed, such as towing and car rental fees. You may be charged for your limited use of the car up until the time when you first brought it in to get repaired. Generally, this works out to 1 percent of the vehicle’s purchase price for every 1,200 miles that you drove it.
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She practices law from her Tehachapi office as well as her Lancaster satellite office. She will answer legal questions posed to her by the readers to the best of her abilities. Email your questions to maxinedev@msn.com or fax to (661)825-8880.
Showing posts with label spouse income. Show all posts
Showing posts with label spouse income. Show all posts
Monday, March 16, 2009
Sunday, January 4, 2009
Legal Eaze #15 Fireplace/ Community Property
Originally Printed: February 23, 2005
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com.
Q. Recently we had our fireplace replaced, only to find out that it smokes and leaves soot on the masonry. All of our attempts to contact the manufacturer and have the problem fixed have been unsuccessful. What do we do?
A. Did the manufacturer install the fireplace or did you have someone else install it? It is possible that the installer did not follow the manufacturer’s instructions, in which case it is the installer who needs to fix the problem rather than the manufacturer. If the manufacturer provided the installation as well, you need to find out how much it would cost to fix the problem and have an attorney write a letter to the manufacturer, specifically requesting the amount it would cost to fix the problem so that you can hire your own repair person if the manufacturer refuses to fix it. If the attorney letter is ignored, then you should sue the manufacturer in Small Claims Court, if the amount is less than $7,500. Small Claims Court is very informal and the fastest way to get results in court without an attorney.
Q. I have read somewhere that California is a “community property” state. What does that mean?
A. It means that when you are married, you develop a community estate during the marriage. Both spouses’ income is considered community property, that is, each spouse is entitled to half of the income made by the other. If you purchase a house during the marriage, each spouse owns half of the equity developed during the marriage. Same goes with a car, furniture, stocks, bonds, jewelry and various other assets. Each party is also liable for the debts incurred by the family. However, such debts are not necessarily divided in half if a divorce eventually is granted because it depends on the income of each party and which party incurred each debt, as well as which party the debt benefited. Generally speaking, both spouses are entitled to half of everything that was acquired during the marriage. However, certain assets could be considered separate property if acquired with inherited or bequested money. An inheritance or bequest is separate property of the party who obtained it through death of a family member.
Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com.
Q. Recently we had our fireplace replaced, only to find out that it smokes and leaves soot on the masonry. All of our attempts to contact the manufacturer and have the problem fixed have been unsuccessful. What do we do?
A. Did the manufacturer install the fireplace or did you have someone else install it? It is possible that the installer did not follow the manufacturer’s instructions, in which case it is the installer who needs to fix the problem rather than the manufacturer. If the manufacturer provided the installation as well, you need to find out how much it would cost to fix the problem and have an attorney write a letter to the manufacturer, specifically requesting the amount it would cost to fix the problem so that you can hire your own repair person if the manufacturer refuses to fix it. If the attorney letter is ignored, then you should sue the manufacturer in Small Claims Court, if the amount is less than $7,500. Small Claims Court is very informal and the fastest way to get results in court without an attorney.
Q. I have read somewhere that California is a “community property” state. What does that mean?
A. It means that when you are married, you develop a community estate during the marriage. Both spouses’ income is considered community property, that is, each spouse is entitled to half of the income made by the other. If you purchase a house during the marriage, each spouse owns half of the equity developed during the marriage. Same goes with a car, furniture, stocks, bonds, jewelry and various other assets. Each party is also liable for the debts incurred by the family. However, such debts are not necessarily divided in half if a divorce eventually is granted because it depends on the income of each party and which party incurred each debt, as well as which party the debt benefited. Generally speaking, both spouses are entitled to half of everything that was acquired during the marriage. However, certain assets could be considered separate property if acquired with inherited or bequested money. An inheritance or bequest is separate property of the party who obtained it through death of a family member.
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