Legal Question in Family Law in California

Am I entitled to half of our income tax returns?

Im a 38 year old mother of 4 --although I am a ''stay at home mom'' I work exememly hard taking care of our 4 children ages 7-9-11 and 13,along with all the other cooking -cleaning and a zillion other things. My husband and I are living together only for financial reasons--I am seeking a divorse as soon as I can get the money to do so--Its kinda hard to start a job when you have no money to pay a babysitter and ect..what I was wondering is--arnt I entitled to half of the income tax returns since we are still legally married? and wasnt I entitled to half of all the other money that came in this year? One more thing--not to be un-feeling--but my husbands father died recently--Am I entitled to any money he left to my husband--and what about money my husband is getting from a plan he had while he was working for albertsons--for which he was fired? he worked there for 20 years and its some kind of retirement plan that is voided when you leave the co. or are fired but you get what you accumulated


Asked on 4/07/02, 7:43 am

2 Answers from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Am I entitled to half of our income tax returns?

The tax return and the retirement plan you describe are community property (if earned during your marriage) and so you would be entitled to half of them.

The inheritance is his separate property, unless he gives it to you or shares it with you.

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Answered on 4/11/02, 1:10 am
Ken Koury Kenneth P. Koury, Esq.

Re: Am I entitled to half of our income tax returns?

yes, you get half the tax returns. you also should get something from the retirement.

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Answered on 4/08/02, 9:53 am


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