Legal Question in Family Law in California

Not a legal separation - help!

Married in 1979, separated in April 2004 - not a legal separation. House was worth about $450K in 2004 and is now valued at $780K. If I wish to buy my husband out, will he receive current equity on home? I've been paying the mortgage (living there), making repairs, paying property taxes, etc. Also, is the money I've made on my 401K since date of separation (not legal) mine or both of ours? I worked part time (last 16 years) until a month ago because I could not make ends meet. He does give me money each month. Because I was not ''allowed'' by my husband to work full time, I feel I lost out on a lot of retirement funds, etc. How does this affect me or does it not? Thank you!


Asked on 12/20/05, 8:00 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Not a legal separation - help!

As a general rule community property assets are valued at the time they are divided. However, there are offsets that can come into play. In regard to retirement you have a community property interest in any retirement benefits that were earned during the marriage, even if not collected until after the divorce.

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Answered on 12/20/05, 9:23 pm


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