Legal Question in Family Law in California
I live in California & have been married for 19 years. Last year I filed for divorce & moved out. At that time we divided our bank accounts but nothing else. I moved back into our matrial home after 9 months & dropped the divorce proceedings. At this time we are legally married but my husband is paying all the bills as he makes 6 times my annual salary. He plans on retiring in 4 years. When we sell the house at that time we we proceed with a divorce am I still entitled to half of the proceeds from the house.
1 Answer from Attorneys
The general rule is that all property obtained during the marriage is community property. When the parties separate with the intent to dissolve property obtained after that date is separate property of the person that earned the income etc. In your case the answer is dependent upon when the date of separation is established. When you dismissed the prior dissolution proceeding that should have ended the separation. Therefore the date of separation should be the date in the future when you again separate and file for dissolution. You should consider consulting with an attorney so that all of the facts in your case can be considered.
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