Legal Question in Family Law in California

I live in CA. I filled for annulment in July 2009 and it was finalized in January 2010. I filled to collect child support and they found him and granted me a small amount of money but it added up since he hasn't been paying for over two yrs. He is beyond angry and threatning to hire a lawyer to look for my assets to take his share. We were only married for two yrs. Bought a house after we married and had equity of about $5K and owned a house pre-marriage but only part owner of 1% but this is not documented anywhere. Is there a statue of limitation when his rights might end to file to split assets?


Asked on 8/26/11, 11:47 pm

2 Answers from Attorneys

James Chau Law Offices James Chau

There is no statute of limitations for assets from a divorce that were hidden, if it is considered an omitted asset. Your question is a bit confusing because it sounds like you were granted an anullment, if there was an anullment then there would be no community property because there was never a marriage. On the other hand since you took out property together, you would still have joint property rights with the properties that you took out together, same as any other two property owners would. Your case is sufficiently complex such that it would be good for you to speak with the family law facilitator in your county to see what you can do about any property rights he may come after you for.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 8/27/11, 11:07 pm

Actually, Mr. Chau's answer is not necessarily correct. Frequently where one spouse is not aware of the marriage being null at the time of the marriage, and there are children of the marriage and marital property, the court will find a putative marriage and treat the case like a divorce. And regardless of whether the court finds a putative marriage or a complete nullity, the court must divide all assets acquired during the marriage. So if there was any property jointly acquired, it must be allocated to the appropriate person, either under community property law if it was a putative marriage, or under the general laws of joint property ownership. Any property that was not divided in the annulment proceeding remains subject to the court's jurisdiction to be divided indefinitely.

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Answered on 8/28/11, 12:22 pm


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