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Ask Samuel II Your Own Question
Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27010
Experience:  General practice of law with emphasis in family law.
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this is a new question .sticky situation perhaps.my wifes mother

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this is a new question .sticky situation perhaps.my wifes mother remarried about 20 years ago after her husband past. she owned 3 apartments & her house previus to this marriage.she found that the new husband was cheating on her for all this time ,& also visiting internet porn sites & self satisfying a lot .now ,of course she kick him out ,& he is ,saying he can create alot of problems for her ,saying that she has witheld affection & mental cruelty towards him & he is asking for $94000 for all the work that was put into her house , while it was his idea to remodel & she paid for it &has proof of that .my question is ,she owned the property before their marriage ,why should she pay twice for the improvements &why should he be reimberse for what he says he spend ,it is life ,it cost money to live &he resided @her house for 20 years rent free because they were married , some times he paid half of the property taxes ,that does him a claim to community property or reimbursment.I also like to mention ,he is a retired nasa scientiest with a very healthy retirement package & his ex wife is a lawyer giving him advice & my wifes mother is very ill that we are contemplating moving to the bay area to assist her.In a nutshell this is the question ,shold she get a good attorney & start asking for half of his assets or let him roll over her like he always has done
Submitted: 5 years ago.
Category: Family Law
Expert:  Samuel II replied 5 years ago.

Samuel-II :

Hi

Samuel-II :

California is a community property state. However, it does recognize separate property that was acquired prior to the marriage

Samuel-II :

That means that he is not automatically entitled to 50 percent of all the property.

Samuel-II :

It is something that would be evaluated based on his contribution to the properties, and then it would only be a portion of the increased value from the time they married until the time they separate with intent to divorce.

Samuel-II :

I would certainly suggest she consult with a local attorney before she agrees to anything with him


 

Samuel-II :

Based on his behavior with the adultrey and porn, it is possible that she could be entitled to spousal support and also certainly a portion of his retirement

Samuel-II :

If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck

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