Legal Question in Family Law in California
What can I legally do?
My husband for whom I am legally seperated has received a check for over 4,000 dollars. The money is from his past job for which he was fired from and at that time we were not legally seperated. What or how do I present this to the court--I have made a copy of it--but Im sure he has no intentions on giving me a penny of it.--
2 Answers from Attorneys
Re: What can I legally do?
have you formally filed for divorce yet?
if you and your husband were living together with no intention to separate during the time he was working at this company, you would have a one half community property interest in this check. keep a copy of the check as evidence of the funds he received and this will be included in your community property interests once you file for dissolution.
Re: What can I legally do?
You will need to establish a foundation for admission of the check as well as the purpose of the check. It is probable that you cannot do that with your own testimony, as you probably have no personal knowledge of the reason for the check other than what someone else has told you and therefore this may be inadmissable hearsay. Probably best to get an attorney, unless your husband will stipulate to its division. Good Luck, Pat McCrary