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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27687
Experience:  25 years experience as practicing attorney
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What are the laws for a woman who is still legally married

Customer Question

What are the laws for a woman who is still legally married but has been separated for over 20 years and the man lives with someone else in California
Submitted: 1 year ago.
Category: Family Law
Expert:  Dave Kennett replied 1 year ago.
-Could you explain your situation a little more?
Was this a legal separation through the courts?
Customer: replied 1 year ago.

no it was not through the courts he basically abandoned the marriage with at the time 3 small children

Expert:  Dave Kennett replied 1 year ago.
Dear JACUSTOMER - If nothing was ever filed in the court then they are still married as if they were living together so your Mom would have the same legal rights as any married woman. If he owns property she would own half of it under the community property laws and if she files for divorce she can have the courts divide the property and receive her half. She may be entitled to some alimony or spousal support however I have no way of analyzing the divorce from this website. He cannot sell any real estate without her signature so she should be able to receive half of the interest in the property if it is ever sold.
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27687
Experience: 25 years experience as practicing attorney
Dave Kennett and 7 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

well he has property in California and did sell it but she never received anything from that

Expert:  Dave Kennett replied 1 year ago.
Well she can make a claim against the property if she never signed the deed to transfer the property. Whenever a married person sells real estate both spouses have to sign the deed. I am assuming he never revealed he was married but a proper title search would have caught that fact. So your Mom can file a lis pendens action which is similar to a lien against the property that was sold.
Customer: replied 1 year ago.

and as far as his benefits he is receiving in California does she qualify to receive anything from that


 

Expert:  Dave Kennett replied 1 year ago.
I would have no way of knowing since it would depend on the type of benefits. She would have to contact whoever is paying the benefits to see if there is anything that she should be receiving.
Expert:  Dave Kennett replied 1 year ago.
Thanks for using our service - Dave

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