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Category: Family Law
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I live in California. My husband has filed a divorce ...

Customer Question

I live in California. My husband has filed a divorce petition. Date of separation is November 1, 2007. He has a pension income of $102k and I have a pension income of $40k. During the marriage, all costs of our holdings, i.e. mortgage, utilities, insurance, etc. were contributed on a percentage basis (70/30). Now, since the legal separation, my husband says that I owe 50% of all costs of the assets. Is this true? How can a court say that I have to pay now what I wasn''t able to pay half before separation?
Submitted: 9 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 9 years ago.
Not necessarily. California is a community property state which means that assets are typically split 50/50. However, it should be understood that the law does not require an "in kind" division of the community property.

All that the law requires is that the net value of the assets be equal.

So if you are unable to contribute a 50%, the court will have the discretion to award more of a martial asset (20%) to your husband to compensate for the fact that he will be responsible for the majority of the contribution. This is all dependent on the marital assets and debts applied on a case by case basis.


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Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.


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Customer: replied 9 years ago.
Reply to LawNinvest's Post: Thank you for your answer. To clarify, are you saying that while the divorce action is proceeding he can change the way (amounts) we were paying for asset costs pre-divorce petition, now before a judgment is issued? He is still living in the marriage house. Can he just change the pre-divorce status quo of financial arrangements?
Expert:  Attorney & Mediator replied 9 years ago.
Thank you for your reply.

No, that is not what I am saying. He cannot change anything. What I was saying is that the court will have the discretion to balance the assets and debts so as to make the outcome of the divorce into a 50/50 arrangment.

The court not your husband will be responsible to make sure that a 50/50 arrangment is accomplished. When you and your husband get divorced you will be required to provide an itemization of your assets and debts and amounts of contributions. From this list the court will see how it can distribute the properties, assets and/or debts so that it comes out even.

I hope this makes sense.

Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law




Customer: replied 9 years ago.
So, on a month to month basis during the divorce proceeding, all previous financial arrangements between the two of us HAVE to stay the same? He cannot force me to now pay more toward mortgage, insurance, etc. than I paid before he filed for divorce?
Expert:  Attorney & Mediator replied 9 years ago.
All financial arrangments will remain the same until the court has issued an order that you pay a different amount. Your husband alone cannot make you pay anything different. He would need to petition the court and get a court order if he wants to you pay a different amount.


Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Customer: replied 9 years ago.
Thank you very much. Thank you for clarify this aspect for me.
Expert:  Attorney & Mediator replied 9 years ago.
My pleasure.


Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

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