Legal Question in Wills and Trusts in California
Calfornia State, my husband and I have been married for 8 years, we are renting, he is talking about buying a home, he has 3 adult children living on their own for many years. My husband had the business before we got married, we recently expanded the business, I have not been working in my usual profession for the last three years as he expects me to be available to help him in the business on a moment notice. He is not easy to work with,however, my choices at this time are limited so I put my best effort in helping him in the business and survive. My husband often make statements like "this is my business" "this will never be your business" "I have a surprise for you when I die" and it gets worse many times said " you will see, I am going to leave you homeless" .
Divorce is not an option, lately he has been having serious health issues which is causing me to feel more insecure about my financial furture, feeling a bit torn between continuing to put all my time and energy in building "his business" or going back to my own profession because I am afraid that he will leave everything to his 3 childred leaving me homeless, my name is not on any of the business bank accounts,he does not leave any money in the personal bank account with both our names on it, he does not give me a salary, he does not give me any cash or a credit . We are both in our late 40sMy retirement is secured long before I married him. We always filed our taxes married filing separately.
There is no will that I know about. Your help in explaining the law is greatly appreciated.
3 Answers from Attorneys
This isn't Iran. If he doesn't give you any money, and he hasn't shared his estate plans with you, you're nothing to him. A portion of the business belongs to you, at the very least. Find some women friends as a support system. And find a backbone.
Your situation is WAY too complicated to sort out in a free bulletin board forum. You have community vs. separate property issues, intestate succession issues if there really is no will, will contest issues if there really is a will and it leaves you out, etc. For starters you really should talk to a family law lawyer about legal separation if not divorce. That would force all the financial details out on the table. A man who is keeping and hiding money from his wife like this is either up to something that is going to harm you, or at the very least is a bad enough husband he does not deserve a wife. If you give him the choice of legal separation, divorce or making the finances fair and transparent, and he choosed separation or divorce, you'll know where you stand.
I would at least speak to a family law attorney, as pointed out by Mr. McCormick, so that you are aware of all of your rights. This relationship does not sound healthy.
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