mesmeralda
Junior Member
What is the name of your state (only U.S. law) CA
A little history of where I am at: I have filed petition and served the respondent the Petition for Dissolution of Marriage, Summons, Declaration of Disclosure, Income and Expense Declaration, Schedule of Assets and Debts. We have no children and our only real asset is a truck and house. She wants the truck and I want the house. She has already taken items out of the house without any written agreement from me and has verbally agreed to let me keep the house in trade for the truck. The mortgage is solely in my name however the title is in both our name. The truck loan is in both our names and I would gladly sign any documents to be removed from both the title and loan provided the respondent agree to remove her name from the title of the house. I've tried to have her sign a quick deed and the respondent wants it in the divorce file.
I have since received the respondents response only (via USPS mail, not certified) but not anything else. No Disclosure of any kind.
Again the respondent has removed various items from the household, is in possession of the truck (and making the monthly payments). I have the house (she has moved out of her own free will) and am making the monthly mortgage payments for the last 9 months. I have paid our state tax payments and property tax out of my own account (she insisted we divided our monetary asset early on) with no reimbursement from the respondent, yet.
I am figuring I need to: 1.Either have the respondent sign a written agreement, for which I need a template and file closing documents or 2.Proceed with a contested divorce.
Additionally I don't know if this can be considered a "True Default" seeing how the respondent has not provided me with any disclosure just a Response & Request for Dissolution of Marriage from an attorney friend that was mailed and not served the proper way with a "Notice and Acknowledgement of Receipt"?
On the above I read that "service is complete 5 days after the papers are mailed" which would put it past the expiration date for the respondent to file the response, would this be considered a "true default".
Any advice and direction would be helpful and appreciated.
A little history of where I am at: I have filed petition and served the respondent the Petition for Dissolution of Marriage, Summons, Declaration of Disclosure, Income and Expense Declaration, Schedule of Assets and Debts. We have no children and our only real asset is a truck and house. She wants the truck and I want the house. She has already taken items out of the house without any written agreement from me and has verbally agreed to let me keep the house in trade for the truck. The mortgage is solely in my name however the title is in both our name. The truck loan is in both our names and I would gladly sign any documents to be removed from both the title and loan provided the respondent agree to remove her name from the title of the house. I've tried to have her sign a quick deed and the respondent wants it in the divorce file.
I have since received the respondents response only (via USPS mail, not certified) but not anything else. No Disclosure of any kind.
Again the respondent has removed various items from the household, is in possession of the truck (and making the monthly payments). I have the house (she has moved out of her own free will) and am making the monthly mortgage payments for the last 9 months. I have paid our state tax payments and property tax out of my own account (she insisted we divided our monetary asset early on) with no reimbursement from the respondent, yet.
I am figuring I need to: 1.Either have the respondent sign a written agreement, for which I need a template and file closing documents or 2.Proceed with a contested divorce.
Additionally I don't know if this can be considered a "True Default" seeing how the respondent has not provided me with any disclosure just a Response & Request for Dissolution of Marriage from an attorney friend that was mailed and not served the proper way with a "Notice and Acknowledgement of Receipt"?
On the above I read that "service is complete 5 days after the papers are mailed" which would put it past the expiration date for the respondent to file the response, would this be considered a "true default".
Any advice and direction would be helpful and appreciated.