Legal Question in Family Law in California

Assets acquired before marriage while living together

my husband and i lived together for

four years before we married. is what

i earned while living with him prior to

marriage considered eqitable

property? we did not pool our assets

until after we married. i put his name

on my savings account after we

married, and he never deposited one

cent into it...before or after marriage.

now he wants half of that. is he

entitled?


Asked on 7/02/06, 4:07 am

3 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: Assets acquired before marriage while living together

When you put his name on the account it became community property. However, you have a right of reimbursement in the value of the account at the time that you put his name on the account, with a maximum of the current value of the account. So to answer your question, is "Does he get half of the account?" No he does not, he gets half of anything in excess of the value on the date his name was placed on the account. Good Luck, Pat McCrary

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Answered on 7/03/06, 10:44 am
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Assets acquired before marriage while living together

In a general sense, your pre-marital earnings are your separate property, and your marital earnings are community property.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 7/02/06, 12:27 pm
Robert Mccoy Law Office Of Robert McCoy

Re: Assets acquired before marriage while living together

If you put his name on your account, then it is presumed you gave him your account. So, yes, it is very likely the court will conside the account community property

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Answered on 7/02/06, 5:01 pm


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