Legal Question in Family Law in California
Is she entitled to half.
If a married CA mother has an affair with a person from Oregon to which a pregnancy occurs and she want's a divorce to be with the other person, is it right for the husband to take all the money from there accounts and put it in one in his name only. Or is she untitled under CA community property law to have 1/2. also would it be cosidered spousal abuse if he took the money when she is a stay at home mom, her cell phone,her computer,goes through her purse,tells her not to answer the phone, calls 10 times a day to see if she is, tells her he will support her as long as she has no contact with the other person or she can leave knowing she has no money to leave.
1 Answer from Attorneys
Re: Is she entitled to half.
At time of divorce each spouse is entitled to half the community property regardless of the reasons for the divorce. Spousal abuse needs to be physical abuse to be actionable. Bad conduct can be stopped by way of a restraining order.
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