Legal Question in Family Law in California

Re: Separated for 18 years, now getting divorced...his rights?

It doesn't sound fair, but assuming your mother lived in the house during that time (got the use of it), he's entitled to one-half the value as of date of trial. Your mother is entitled to one-half reimbursement for those credit card balances existing as of date of separation.

The problem is that your mother waited the 18 years.

Re: Separated for 18 years, now getting divorced...his rights?

Mr. Kremer correctly states law regarding the division of community property.

There are however many possible credits and offsets that may be available to your mother and father.

Was there a support order? If there was a support order, your mother would be entitled to collect all of the unpaid support plus 10% interest from the date the payment is due. The interest cannot be compounded, that is you cannot charge interest on the unpaid interest. That could equal a sizable offset on any amount that would be his share.

With the amount of money at stake, your mother should hire an attorney who is experienced in family law and is not afraid to advocate an inovative position. She may want to interview several attorneys, before she hires an attorney.