Legal Question in Family Law in California
does co-habit revive comm prop rights
if a couple files a divorce and then signs a settlement agreement specifiying future property to be separate but does not finalize divorce but reconciles and moves back in together in the same house and cohabits, does this cause the comm prop laws to be revived in spite of the agreeement that separate prope shall the case after settlement date?
can wife later revive divorce and then claim comm prop on new prop obtained while cohabit?
what is general rule if reconcile during waiting period. is divorce stopped, terminated, or just put on hold? how does MSA to contrary affect general rule. what are cases that show these things?
Thanks,
ken
2 Answers from Attorneys
Reply: does co-habit revive comm prop rights
If you have reconciled after a separation, then your separation agreement may be worthless.
I suggest that you consult with an experienced family law attorney and have your agreement and particular circumstances reviewed and discussed.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
Re: does co-habit revive comm prop rights
Depends in part on the language of the agreement. Most settlement agreements include 2 provisions that are important to your case.
1. That the agreement is binding even if not filed with the court.
2. That future reconciliation does not affect the division of property contemplated in the agreement.
If you lack both of these, you would still argue that the agreement is binding as a post-nuptial agreement and/or contract.
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