Legal Question in Family Law in California
My wife move out saying she needs space and wants a divorce.
She came back to get some of her things and she still wants to work on two projects. One we have a patent on and the other is a new patent soon to be filed. On the new patent she has done some editing and I asked her about health issues pertaing to the patent and devised hardware and software to include her discussion about the device it is not the only claim on the patent. I put it on to try to make her more involved with everything.
We have a soild prenup what is hers is hers and what is mine is mine and has help when I had an IRS issue many years ago.
One the first product she has a company that she is the master distrubitor I am the manufacturer. Right ow I am not even being given any proceeds from the sale she has it all. The sales are small and I do not mind.
THe second one I have a partner of which she would be allowed on the patent if and only if she had no finanical interest or value in the patent or the enity only credit on the patent.
Yesterday she made it clear there is little or no chance to get back together she did not say the D word yesterday, she now has her space.
I know she is getting advice from some bitter man hating divorced school teachers.
She really sounded like she really wanted to be involved and to help me with getting it going. The second product has several hundred buyers ready to commit and they do not even know all that the device does.
I want her back in my life we were marrried for 20 years. However could she come out of the bushes in a divorce and want 30% of the second patent?
1 Answer from Attorneys
If the patent and resulting intellectual property was created during the course of your marriage, there is a community property interest. I urge you to meet with an experienced family law attorney to discuss your legal options.