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AttorneyKaren, Family Law Attorney
Category: Family Law
Satisfied Customers: 371
Experience:  Over 14 years as a Family Law Attorney; Temporary Judge Award (2008)
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Im considering a divorce, however my husbands income is social

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I'm considering a divorce, however my husbands income is social security and a pension.
I don't work that much because of the economy. My name is XXXXX XXXXX deed to the house and our assets are in a joint trust. How does the division of assets apply to me? What am i entitled to? We live in California.
Hello and thank you for your question.
I will go down the assets listed in your question:
1. Social Security, if you were married more than 10 years, you can receive a portion of his Social Security;
2. Pension, you are entitled to half of the contributions made by him from the date of marriage to the date of separation;
3. You don't work that much because of the economy--you may be entitled to spousal support;
4. Home: you are entitled to fifty percent of the equity--if the house was purchased during the marriage with community funds;
5. Assets in a joint trust--you are entitled to fifty percent.
Also, since CA is a community property state, you also would be responsible for fifty percent of the liabilities during the marriage--so if there is a mortgage owed on the home or any of the assets are not owned free and clear, you would be responsible for that as well.
You and your husband will fill out disclosures that lists all of the assets and debts, at that time you can see what the 50/50 split would be. If he is in agreement, then you can write up a marital settlement agreement, submit that to the court, and you would be finished with your divorce. You still have to wait 6 months and one day after you file for the divorce to be finalized with the court.
Best wishes,
Attorney Karen
Customer: replied 6 years ago.
We've only been married 4 years. He owned the house before I moved in, but my income has gone towards upgrades which has increased the value, and towards the mortgage. The kind of pension he has is one where the employee does not make contributions, only the employer contributes. He also does work occasionally.
Am I entitled to any part of the property if I'm on the title?
Hello and thank you for your follow-up question.
Re. the house, since you are on title, you are entitled to part of the property, especially since you contributed money towards the upgrades which increased the property's value. An expert would have to determine how much you would exactly be entitled to. But you are entitled to a portion of the equity of the house.
Re. the pension, since this was earned through his employment, even though his employment made the contributions, you still would be entitled to the half of the contributions made during the marriage until separation.
Re. spousal support, if he made more than you during the marriage, you would be entitled to temporary support for half of the term of the marriage.
Attorney Karen
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