Legal Question in Family Law in California
My husband is a member of an indian tribal council and has cut off my medical which is supplied to all tribal members. Since my husband and I have 4 children, I asume that really does make me a member of the tribe. My question is this: in California,because of community property law if I file first and we cannot reach a settlement peacefully: do I receive 50% of the assets that are now being paid to each tribal member. There was no pre nuptials, no agreements or contracts for support or anything to deviate from the "normal" marriage.
1 Answer from Attorneys
You need to speak to a lawyer familiar with Indian Tribal Law. Just because you are married to a member of a tribe, does not mean that you are a member of a tribe. Federal decisions have affirmed the tribe's rights to set their own criteria on what qualifies as a member, including what is known as blood quantum.
Additionally, tribal law may trump California's community property law. Federal law directs state courts to give full force and effect to American Indian tribal law and custom in civil matters. (28 U.S.C. � 1360(c).) The courts have generally found that allotment payments to tribes, and to a member of a tribe, are separate property of the Indian spouse, and not community property of both spouses.
I strongly suggest you speak to an attorney familiar with tribal law and its interplay with California state law. Many regular family lawyers do not practice in this area, and are unfamiliar with the concepts, such as tribal sovereignty.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
