Legal Question in Family Law in California

disability and community property

I am 100% disabled with Parkinson's disease. While working, I paid the house payment, all bills, food bill,gas for both cars, etc. My wife never helped with the family expenses at all. She spent all her money on herself and her 3 kids. I helped buy her car ($10,000 of $15,000 total cost), bought her $5000 diamond ring, and paid for $5000 for her breast implants 2 years ago. I have $140,000 in a tax deferred annuity which pays me $468/month, and I get SSD $1761/month. Obviously I will be living at a very modest level after divorce. She earns $22,880/yr before taxes. 1. Where do I stand on the matter of spousal support? I owned my home before the marriage. We have been married for 3 years. 2. Can she get half of the equity gained over those 3 years? Are there any exceptions considering that she has not contributed at all to living expenses? Also she ran up several credit cards and I refinanced the house to pay them off. Thank you


Asked on 5/23/06, 2:24 am

2 Answers from Attorneys
Mona Montgomery Mona Montgomery, Attorney at law

Re: disability and community property

Your wife should not be able to get the increase in the value of the house if it was your personal property. However, you MUST see a competent lawyer. Your illness is going to get worse and you MUST have someone competent fighting for you. I am not a divorce attorney so you must continue looking. Almost EVERY attorney will answer one quick question so get on the phone and start interviewing lawyers until you find one you like.

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Answered on 5/24/06, 2:56 am
Steven Stout Steven A. Stout, Attorney at Law

Re: disability and community property

There is a lot of information and detail missing, but roughly;

1. Probably no spousal support if only 3 year marriage.

2. Maybe, depends on a lot of factors.

You have suffcient assets to justify hiring an attorney to go over it with you. Get off the internet, we are here in an attempt to attract clients, this isn't real life - a divorce is.

Steve

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Answered on 5/23/06, 2:43 am


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