Legal Question in Family Law in California

I live in California and just filed for divorce, my wife moved out and we each have separate bank accounts from when we were together. In our relationship she has always saved while I paid for the things around the house. Now that we are apart I am literally pay check to pay check because I did not have the savings that she did. It is my understanding that her money is community property and I am entitled to half.

Question: Is there anyway I can get access to the money now to pay for things I need like bills and rent?


Asked on 10/03/11, 9:03 am

1 Answer from Attorneys

Yes. You can file a motion for early distribution of community property, but you will have to convince the court that there is a real need to "jump the gun" on a property distribution, rather than just getting it all worked out and final. You should also immediately stop using all accounts from during the marriage so there is no question about mixing community and separate property, since your earnings now are separate property even before the divorce is final.

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Answered on 10/03/11, 9:56 am


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