Legal Question in Family Law in California
My wife received $600,000 from a trust from a person she was taking care of when we were married ,consisting of $200,000 [she has received that amount] and $400,000 total for her life and when she passes away ,my daughters life also. I received divorce papers, she checked the box that terminates the courts ability to award support to me. I haven't signed anything or filed for FL-120 yet [20 days left] . Married 14 years . Do I get half?
2 Answers from Attorneys
Most likely. You should have counsel. Contact me and we can set up a consultation and retainer agreement.
Christopher Brainard, Esq.
Tel: 310.266.4115
Email: [email protected]
Family Code Section 760 deals with the rules of community property. If this was earned during the marriage for work then likely yes. The counter argument is this was a specific gift to one party in order to attempt to state it as separate property. You have enough potential assets at risk where it will be beneficial to contract with an attorney.
Feel free to contact our offices or a local attorney in your area.
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How to fill out divorce papers Asked 2/05/15, 10:27 am in United States California Family Law, Divorce, Child Custody and Adoption