Legal Question in Family Law in California

What is community property?

My husband and I after 11 years of marriage, separated. We had a trailer, which I sold and several cars over the years, the new one got repoed. I have been on welfare since the breakup. He has never given me or my children anything,(the youngest one just turned 18)but as of late, he has had to pay to the state back child support. He came over wanting to do a quicky diviorce he said, and gave me some paperwork which consisted of my fianaces, what rent I pay, do I receive aid and so forth. Income and expense disclosure. I want to know what to do. I want whatever I am intitled to. He became a union carpenter while we were married and is still one. I don't know if he has any retirement, life insurance, etc. I want what I deserve.. and need to know how to go about getting it. By the way, he and my Mother had an affair during our marriage for about 2 years. I feel he is trying to hide something from me. Can you help? We have been seperated about as long as we were married, 11 or so years.


Asked on 11/02/02, 1:08 am

2 Answers from Attorneys
Martin Lathrop Russakow, Ryan & Johnson

Re: What is community property?

You definately need to actively enforce your rights in this situation as Mr. Levy stated. Fill out the forms to the best of your ability-you might want to make copies so that you can use a copy as a draft-and take them to some sort of legal assistance organization. You need to be represented on this matter as it sounds like there are significant community property rights you are entitiled to along with spousal and child support which is money he may well owe you and it could be a lot. Learn as much as you can, there is ton of information out there. Be vigilent and you will get what you are owed!

Martin

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Answered on 11/05/02, 9:38 pm
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: What is community property?

There probably is a pension through the union, and you are entitled to half of what accumulated during the marriage. If you can not afford to hire legal counsel, go to the Family Law Facilitators Office at the courthouse where he filed his paperwork. Become pro actcive and assert your community property and support rights!

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Answered on 11/04/02, 8:24 pm


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