Legal Question in Family Law in California
community property/community debt
I've been a stay-at-home mom for 21 years, and am divorcing my husband. He physically moved out of the home 9 months ago, has never turned in a change of address, and has opened at least 3 new credit card accounts in his name only, racking up $12,000 in debt (that I know of.)
He also recently opened his own checking account and has his entire paycheck direct-deposited into it. I no longer have access to any money and must ask him for cash for groceries for myself and two adolescent children and to pay bills. 1. Is his income still considered community property? 2. Will I be responsible for any debt that he has made since he physically moved out? 3. Are the two bonuses he's received from his employer since he moved out considered community property, and if so, am I entitled to one-half?
2 Answers from Attorneys
Re: community property/community debt
If you are separated as defined by law, his current income is not community property and you are not responsible for the debt. More facts are needed to determine if the bonus is community property. You should have an attorney review this matter. Good Luck, Pat McCrary
Re: community property/community debt
Any income earned by either one of you since the separation is considered to be separate property. Also, any debts incurred by either one of you after the separation is considered separate. You will need to be able to show that the bills were incurred by him.
Regardsing the bonuses, they may or may not be community - it very much depends on the facts.
You really would be well advised to retain an attorney to assist you. The legal fees will be money well spent.
Regards,
Damian Nolan
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