Questions answered by Mr Craig Brownell
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Hi. I left my wife. She is still in my house (Deeds in my name). I want some of MY things back (she paid nothing...). Can she stop me entering my own home ? Can she stop me taking what I consider (and can prove) to be mine ? |
| Question found in Divorce Law |
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A great deal of this will depend on where you live. This is GENERAL. Do not rely on a quick description here to conclusively establish your rights. In most U.S. states, marriage partners equally own everything acquired subsequent to the marriage regardless of who actually paid for these things. Premarital property usually belongs to the original owner. It doesn't matter which name is on any titles, deeds, etc. If you bought the house after you were married, she owns half. Again, GENERALLY. If you still own the home and there is no protection order prohibiting you from being there or in her presence, she cannot lawfully prevent you from entering the house and collecting personal items such as clothing, tools for your work, etc. Avoid any confrontations or arguments over ownership. She has no legal authority to prevent this. It might be a good idea to bring a *neutral* witness or a police officer along to help keep the peace. I strongly suggest that you retain legal counsel for specific recommendations in accordance with the family laws in your area. |
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Can a blood sample be taken without my permission by a police surgeon? |
| Question found in Legal Studies |
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It will depend upon the circumstances and the laws in your area. You refer to a police surgeon, so I am guessing that you're in the U.K. We don't generally have folks of that title here in "the colonies". Few, if any of our police agencies have a physician on staff. We use hospital physicians, medical examiners or police officers who may also be paramedics operating under the direction of a licensed physician. That said, many of our laws are similar to or based upon English Common Law, so this may be similar in the U.K. Contact a solicitor for a more accurate answer. In many U.S. states: If you have been involved in an incident calling for police attention and you are severely injured or unconscious, a blood sample can often be taken without your permission. The exigency of the situation requires that the sample be taken within a reasonable time frame of the crime, traffic accident, etc. Your attorney may be able to challenge it in court, but the likelihood of success is low. If not unconscious, generally, you can refuse permission, but do not resist if they do it anyway. If they did not have the legal authority to take the sample, it cannot be used against you in court because you declined. If they did have the legal authority to take the sample without your permission, at least you won't be charged with obstruction or resisting. Your statement of refusing permission preserves your legal rights, physical resistance only makes matters more serious. If you have been stopped and/or arrested for suspicion of driving under the influence of an intoxicating substance (drugs or alcohol), the driving laws will come into play. Implied consent involves driving as a privilege, not a right. In operating a motor vehicle, your consent to a test is implied and you can lose your license if you refuse. |
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If someone was submitted for a blood test once a month to determine if they had consumed any alcohol in the month, how long before the test would they need to stop drinking to have no reading? what type of test needs to be used to determine if someone has had a drink in a pre determined period? |
| Question found in Abuse & Recovery |
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If the test is to determine blood alcohol levels, a healthy adult will metabolize approximately one ounce of ALCOHOL per hour. One ounce of alcohol is approximately one mixed drink, four ounces of wine or one 12 oz. beer. If the test is looking for metabolites that may result from alcohol use, I cannot adequately answer your question. |
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Bankruptcy Forms (England) Question. Background, I need to declare bankruptcy. I am unemployed. I live with my parents in their home. I have few assets Car, TV and Hifi. My debts are unsecured, Loan and credit cards. I have located a Statement of affairs (debtor's Petition) Form 6.28. The form asks do I have use of another motor vehicle? I am a named driver on my dads Insurance does this count ? Why are the asking as I don't own the car ? It then goes on to ask how much do other members of your household contribute each month to the household expenses. I don't know what my parents income is (one retired one working part time) It's not the kind of question they would answer even if I asked. It then ask for the total Household income. The Name and ages of all occupants of your household and if they are dependant on you. Are they trying to involve my parents in my debt ? Thanks for reading all this. I would appreciate answers from people who have filled in this form/ those who help people fill it in. |
| Question found in Banking & Finance |
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I am not familiar with U.K. Bankruptcy laws, but I understand bankruptcy laws in general and I may be able to offer some insights into what they are seeking. DO NOT LIE! If you lie, you could be found in contempt or guilty of perjury and fined or jailed and your petition denied. Do NOT conspire with others regarding what to say! If a conspiracy is suspected or detected, everyone will be in deep trouble. The court must assess your financial capabilities and responsibilities in arriving at a decision. This is all that the form you address is asking. They are not attempting to involve your parents. In most cases, a bankruptcy filing would be by the people responsible for the household (e.g.: parents) and they would know this information on their children, roomers, etc. You simply don't fit the mold the form was designed to address. Answer honestly, the court will understand. Use of a motor vehicle? The form assumes that you own a vehicle. The premise is probably that a vehicle you own could become an asset subject to seizure if you have another means of transportation to continue your affairs and employment. If you have unfettered use of your dad's vehicle(s), you must answer "Yes". If you are simply listed on his insurance because you have a driver's license and live in the same house BUT he does not normally permit you to drive his vehicle(s), the answer is "No". No collusion with dad, answer honestly. The court will understand that many insurance companies require licensed drivers in the household be named on insurance for cars they do not drive. Other members of household contributions, incomes, total household income, etc.: If you do not know, state what you know and what information is not available to you. You are only responsible for information you have, not for information that others will not share with you. The court understands that you cannot compel your parents to reveal their private information to you. Be honest. Names, ages other occupants and dependency upon you: Again, answer honestly, including your contribution to the household. They are not trying to involve your parents in your debt. They are simply attempting to ascertain a clear picture of your financial situation. |
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My boyfriends seems to have lost interest in me, I've tried everything that I can think of. One thing that I know is getting to him is that I wont give him oral as I am nervous about getting it wrong (I have even bought a book to try and help). Could this be one of the reasons he doesn't seem interested anymore, not just with me but with sex as well? I know things may start to pick up when we get our own place as lodgings where we are is putting a strain on our relationship. Please feel free to contact me on raychellnaylor1@hotmail.co.uk for extra information. Thanks |
| Question found in Intimate Relationships |
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If you've tried everything else you can think of, I would suggest that improving physical intimacy may only provide a temporary solution if any at all. You cannot become someone else for the sake of a relationship. You will eventually become you again and the relationship will have been built on what you made yourself appear to be. If it's not you, don't do it. If you want to approach it from a sexual angle, use that book to level a rocking table until you're ready for advanced techniques. No one starts out running marathons. They start out crawling and learning. Start in and the rest is no more or less than what the two of you agree is mutually pleasurable: "I like that" or "I don't like that", etc. Ask him to reciprocate. As much as you don't know what to do, he can tell you what he likes. And vice versa. You're not sharing body parts, you're sharing an intimate experience. If either of you treats the other as stupid, it's no longer intimacy and you have your answer. |
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What is my liability for allowing someone to move in to my tenant's apartment without being added to the rental agreement? |
| Question found in Legal Other |
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| I don't know that you have any particular added liability, but you should make the tenant liable for any problems or damage caused by their new roommate. If their current written lease does not already specify this, draw up an amended lease and have them sign it. |
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How long does alcohol stay in blood stream for blood tests? |
| Question found in Addictions |
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A healthy adult metabolizes approximately one ounce of alcohol per hour. This would be approximately one cocktail, four ounces of wine or 12 ounces of beer. |
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When I go to bed at night my hip and knee get sharp pains in them mainly when I sleep on my side. I work all day on concrete and do not have pains then, only when I lay down. What's up? |
| Question found in Chiropractic & Osteopathy |
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Your problems sound as if they are the result of normal spinal malalignments from your type of employment. Many of these can be relieved with normal chiropractic manipulations. These are largely painless and relief can be almost instant in many cases. I suffered a severe spinal injury in 1982 and obtained significant relief from chiropractic care. I have also been a medic since the late 1960s, so I have some lengthy and varied experience. You will probably have to return for successive treatments, but beware the chiropractor who would have you file Work Comp claims and return every day for six weeks or more. Your description does not suggest treatment of that intensity or duration for simple work-related difficulties. Work Comp MAY be a factor, but don't be in a rush to file a claim simply because the chiropractor encourages you to do so. If your health insurance covers the treatments and you have a small co-pay, let it go at that unless the situation proves to be serious. Many chiropractors overplay the severity of a difficulty to open a Work Comp claim simply because they can make more money. THIS GOES FOR MEDICAL DOCTORS ALSO! A reputable chiropractor can probably provide some immediate relief as well as education to prevent recurrence. Two or three visits per week for a month or so should be adequate unless you have a chronic or severe situation. BEWARE! Not all chiropractors are totally ethical. Many subsidize their business by insisting that patients come in daily or by selling all manner of patent medicines and dietary supplements. While these are not necessarily harmful or suspect, be warned that they may offer no detectable help. Excessive manipulations can actually worsen your condition rather than relieve it, even if your discomfort is relieved on every visit. Hypermobility of vertebrae can result from excessive manipulation and the chiropractor could be exacerbating your condition simply because they can justify it to keep the cash coming in. If the chiropractor is PUSHING supplements and extremely frequent visits, rather than relief and education, find another chiropractor. This will be plainly evident on the first or second visit if you heed my advice. Good luck! |
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Can wages be garnished by a credit card company? |
| Question found in Legal Other |
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Yes. Check your contract for a "confession of judgment" clause. If it exists, they may be able to garnishee without a court order. Otherwise, they can only garnish if they sue you, win, file a Writ of Execution and obtain an Order of Garnishment. All of the fees for these will be added to your debt. It might be better to obtain credit counseling and have them negotiate with the lender. Many of these can obtain reduced interest, reduced principal and better terms (longer time to pay). There will be a fee, but it is added to your payments to the counseling firm. |
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Can I move out of the area without my child's father stopping me? |
| Question found in Legal Other |
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| Nothing is stopping you from moving, but you cannot take the child without the father's permission or a court order. To do so could be considered kidnapping. |
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