Legal Question in Family Law in California

Re: Two questions: Stock Options/Removal of spouse from house.

She probably has an interest in the stock and stock options. The question is how much of the stock would be community and is it worth the hassel for her to go after it.

You have am obligation to divulge the stock and stock options. However, you will not penalized for incorrectly catergorizing property as separate rather than community.

Reply: Two questions: Stock Options/Removal of spouse from house.

One would need more specifics from you before providing you with an opinion on these subjects. In a general sense, the stock option granted prior to the marriage is probably your separate property (unless you used community funds for acquisition once they vested), and the stock option granted during the marriage may or may not be community property depending upon the specifics of your situation and the reasons for grantiong the stock option to begin with. The house is your spearate property but there may be a community property interest based upon a "Moore\Marsden" calculation. You may not be able to force her to leave pending completion of the divorce unless there has been threats or violence.

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