Legal Question in Family Law in California
My financial rights
I live in California and have been married 8 years, no children. About 1 year ago, my husband said he wasn't happy being married and he has thought about separation. We bought a house together over 7 years ago and still owe on the mortgage. We both work fulltime and his income is double mine. What are my financial rights? Thank-you.
2 Answers from Attorneys
Re: My financial rights
In California, during marriage all debts are presumed to be community debts and all income is considered community property. Basically,half his income is yours and half of yours is his. Property purchased during marriage presumed to be community property. Equity gained is half yours and half his. Half of all debt is yours and half of all debt is his. If something was purchased with separate property, ie., money that was yours or his prior to marriage, asset may not be community asset, depends where funds for improvement/upkeep/payments, came from. Call to discuss. Don Holben 800-685-6950
Reply: My financial rights
Based upon the limited amount of the information that you have provided, the house is community property. You may also have substantial spousal support rights.
I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various family law issues including spousal support issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
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