Legal Question in Family Law in California
Property
My wife & I separated on 11/96, at which time she filed for divorced. After my response, she hasn't done
anything else to finalize the divorce. I would like to get on with my life, so what can I do to end what
she started? Also, I just bought a 2000 car, for my
fiance, but it's on my name only. Would my wife (soon
to be ex), have any claim on it?
Thanks for you help.
3 Answers from Attorneys
Re: Property
You will have to determine the status of the file and then you can determine what action is required to complete the dissolution of marriage.
All property that was acquired after the date of the separation should be your separate property. It must however, be listed in a statement of assets in the dissolution of marriage process.
Re: Property
You should first check to see if the case is still active. Once filed she had up to five years (longer in some cases) to finalize the divorce. If the case is still active, you can request the judgment from the court and finish the divorce. If the case is no longer active, you can file for divorce yourself.
Re: Property
As to the new car for your fiance, by filing the divorce and living separate and apart from you since 1996, you can demonstrate to the court that you and your wife have been legally separated since 1996. Therefore, if you used your earnings that you received since 1996 to purchase the new car for your fiance, those earnings would be separate property. Your wife would have no right to touch it. If, however, you used savings that you and your wife put away together before 1996, she may have a claim on the proceeds that purchased the car.