Legal Question in Family Law in California

Legally Separated Community Property

I am going through divorce and have been legally separated since Dec. 2007. My almost ex and I just sold our home in March 2008, and we are now living apart. I have just found out that my the ex is in the process of purchasing a new home. I have been told that anything he purchases is legally half mine since we are still legally married. Is this true?


Asked on 6/07/09, 5:03 pm

1 Answer from Attorneys
James Chau Law Offices James Chau

Re: Legally Separated Community Property

No that is not true. Your interest in the property would depend on what is the source of the funds he used to purchase his new house with. If it was community funds then you would have an interest in the new property.

As always please consult with a local attorney prior to taking any legal action

Good luck,

Law Offices James Chau

181 Devine St.

San Jose, CA. 95110

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 6/08/09, 5:49 pm


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