Legal Question in Family Law in California

Re: splitting property / child support

You are entitled to 1/2 of the community property. The general rule is that all property obtained during the marriage is community property. The most common exceptions to this are 1. gifts, 2. inheritances, 3. property acquired during the marriage with separate property. This is a complex area of the law. You need to retain an attorney to represent you in this matter. Hopefully the child is with you. Assuming that the child is with you, you should have a fair opportunity to get an order removing him from the house. Also the parent with the child has the best argument for getting possession and control of the car. Unless you take action he will leave you with nothing.

Re: splitting property / child support

I see that many lawyers have already responded. If you are in Southern California, call me for a free consutation.

Re: splitting property / child support

In a nutshell, your husband's thought process is legally invalid under the factual circumstances you present. California is a "no fault" divorce state, and you are entitled to your community property interest in any and all real property or personal assets you both accumulated during marriage. You are further entitled to child and/or spousal support as well. If you would like further legal assistance in this matter, contact our law office directly for a free consultation this week.

Reply: splitting property / child support

In a general sense, California is a no fault divorce state. Absent a valid prenuptial agreement, you are entitled to half of the community property assets.

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