Legal Question in Family Law in California

Re: pension and divrorce

You really need the assistance of an attorney in order to sort out your legal situation. There are a number of outcomes and options, but the bottom line right now is that he does have an ownership interest in the house. If you were married to him for 7 years you own one half of the pension that he earned during those seven years. Good Luck, Pat McCrary

Re: pension and divrorce

You did not say whether or not you have a lawyer or who it was who prepared and served him with the divorce papers. Obviously, with your house on the line, you need to hire a lawyer if you have not already done so.

Reply: pension and divrorce

In a general sense, the community interest in the pension plan is the total of the contributions between the date of marriage and the date of separation, plus the growth on those contributions.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

Re: pension and divrorce

In the dissolution of marriage both parties are entitled to one half of the community assets and are obligated for one half of the community debt.

If you have not been working then you may be entitled to receive alimony from your husband - provided, of course, that he is working.

Also, you are entitled to your community share of your husband's retirement accrued during those years you were married to him.

Your biggest issue however, appears to be your house which you have owned for a long period of time. Your husband's claims of a community property interest in your home is valid but, absent other relevent facts, I would greatly doubt that he is entitled to one half of the value or any amount close thereto. I very strongly advise you to retain an attorney to assist you - this area of the law is complicated and you will need an attorney who can provide 'Points and Authorities' to the court to convince the court that your husband does not have a 50% interest in your separate property.

Additionally, do not listen to your husband stating that he won't file a response or that he won't have an attorney, or that he will give you nothing. I repeat, hire an attorney and listen to your attorney ONLY!!

Finally, because you are not working, you can also request that your husband contribute to your attorney's fees.

If you would like to discuss this matter, please feel free to call us at 562/601-8133 and ask for Pam. Pam will be more than happy to speak with you.

Regards,

Damian Nolan