Legal Question in Family Law in California
Divorce in California is not final yet. I found out that my "future ex" is going to receive all of his mom's assets when she passes (she is ill. and he takes care of her) - house - cd's - money markets - all assets. Roughly around a million dollars. Since we are still legally married can I re-open the case and get half? We have been on speaking terms and been getting along. But only because he wants me to think we are getting back together so he can hurt me again. He has had a girlfriend for the past 4 years. He cheated on me with her. LONG STORY!! Can I re-open my divorce case??
1 Answer from Attorneys
Without knowing exactly where your case is procedurally, I can't say what you can and cannot reopen. Even if you were still happily married and cohabitating, however, and then divorced after he got the inheritance, you would never get half what he is going to get. Inheritances are separate property, meaning they don't go into the property division at all. They belong entirely to the heir, unless after inheriting they do things that comingle the inheritance with community property.
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