Legal Question in Family Law in California
after i left the family home, may 2010, and filed for divorce, my husband did not pay many of the joint bills. I was very fearful of bills going to collection. I cashed out my IRA which was only a few 1000 dollars and used the money to help pay bills and other necessities that use to be taken care of by joint income. How can I prevent my soon to be ex from getting half of what I cashed in
2 Answers from Attorneys
Keep records. For bills and other necessities he is responsible for half. You will have to petition the court to get reimbursed for his half when you do the asset division, if he does not want to pay you.
If your IRA was accumulated during the marriage it is community property and your husband is entitled to half. However, he also owes you for half of the bills that you paid. you need records. You should take care right away by bringing your action for dissolution or legal separation. Good Luck, Pat McCrary
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