Legal Question in Family Law in California
A married couple of 40 years living in Cal. for 44 years are in the process of divorcing. The wife has her own monies in separate accounts as also the husband. The husband is currently being sued due to a car accident he caused. There are two real estates, one they live in and the other is a rental. The only child is 39 years of age. If the lawsuit is in favor of the plaintiff, could they petition to have the wife's monies at part of the settlement in addition to the monies of the husband.
Asked on 1/08/10, 3:40 pm
1 Answer from Attorneys
If the money was earned during the marriage, it is community property no matter how the account is held. Therefore the husband's 1/2 of the money and assets in all accounts and properties can be reached to satisfy a judgement.
Answered on 1/13/10, 4:30 pm
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