Legal Question in Family Law in California

Re: is separate bank account after separation considered community property?

This sounds like a case where you really need an attorney. Money earned after date of separation is sp. A problem could arise if you had money in these acounts at date of separation.

Re: is separate bank account after separation considered community property?

Community property is all assets owned and acquired prior to the date of separation. Any monies or assets acquired after the date of separation is separate. What should have been done is all the assets and debts should have been documented. Then the house could be sold and the profits from the sale would be used to pay off all joint debts and the balance should have been split 50/50. If your wife has already sold the home and taken the money without paying off the debts and splitting the balance she owes you your 50% of whatever is left after the debts are paid off. Once you go to court the judge will probably order your wife to pay off all joint debts and split the balance with you. You may just want to hire an attorney to sort out the mess and make sure everything is handled correctly. If the joint account is still open and has funds in it, the account needs to be frozen until a judge decides who gets what. If you have any further questions, please feel free to email me a [email protected]. I handle cases throughout the state of California. I wish you the best of luck if I don't hear back from you.

Sincerely,

John Hayes, Esq.

PS If you do nothing else at least have an attorney review the final settlement agreement before you sign it. It will give you some piece of mind that you at least consulted with an attorney.

Re: is separate bank account after separation considered community property?

Whether "money" is community property does not turn on whether it is held in cash, stocks, bonds or property. Generally, money earned after separation is separate property, but there may be disagreements as to when "separation" actually happened. If you try to "protect" assets by keeping them in cash and not disclosing them, and they turn out to be community property, you could be subject to severe penalties from the court. As for the house, if the house was community property, your would be liable for a reimbursement to the community. It appears that you need a Family Law attorney to review your entire situation as soon as possible. Please feel free contact me at 310-385-8620.