Legal Question in Family Law in California

Re: Community Property

Here is a search of the California Codes WAIS service, looking for the word "community" in the Civil Code:

http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=civ&codebody=community+&hits=All

Here is a recent California case dealing with concealed lottery winnings by a wife:

http://www.courtinfo.ca.gov/opinions/documents/B141041.PDF

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analysis, advice, suggesting and recommending alternatives, legal drafting, telephone calls,

legal research and prosecuting or defending divorce actions when a client hires me.

The Nevada State Bar provides this general information online

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http://www.nvbar.org/publicServices/pamphlets/LawyersCharge.pdf

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I hope this is of assistance to you.

Re: Community Property

Community Property becomes seperate on the date of seperation. If he was in prison when she won the lottery and she lists a date prior to the day she won as the date of seperation than he is not entitled to the money. However, if he can show that they weren't seperated on the date she won he may be entitled to half of the money. Proof might be that she visited him several times after the date she won or wrote him letters clearly showing they were not seperated that would also help. It is kind of tricky since he is in prison and if the date of seperation is questionable the court might rule in his wife's favor since he is incarcerated. He might want to find the money to hire an attorney to file the papers and appear on his behalf at the court hearings so that his assets are protected. I might be able to work something out with him if he would be willing to complete all of the paperwork so that all I have to do is file them and appear. The amount I would need would depend on which county the divorce papers were filed. If you could email that information and the information regarding his stance on the date of seperation I can give you a better idea on the cost and if he might have a claim to half of the lottery money. You can email me directly at [email protected]. I wish him the best of luck.

John Hayes, Esq.