Legal Question in Family Law in California

Community property

I have been married for 30 years , but not living with my husband for 16 years , there has never been a legal separation ... My husband is comming into 3 million dollars from a personal injury settlement my question is if i divorce him now will i be entitled to any of that money is the money considered community property? he never ever spent a dime of any kind of support on me or my 3 children all these years they are all grown now but still i wanted to know what my options were now that he will have money...thank you for your time in this matter regards Pamela


Asked on 12/04/02, 9:38 pm

1 Answer from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Community property

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

The facts that you have provided are not clear enough and/or complete enough to provide a definitive answer to you inquiry. You MAY be entitled to back child support (if there was a child support order). You MAY be entitled to some of the personal injury money (depending on when the injury occurred and the make-up of the damages awarded, i.e., lost wages versus future earnings). A lot will depend on when you started living separate and apart; whether you ever reconciled; etc. With that kind of money at stake, contact an experienced Family Law attorney in the county where you live for specific advice and possible representation on your behalf.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

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Answered on 12/05/02, 2:00 pm


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