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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 21474
Experience:  General practice of law with emphasis in family law.
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I just became Washington State Resident. My husband lives in

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I just became Washington State Resident. My husband lives in Wyoming. We are considering a divorce. I didn't work after we got married, no income. I took good care of him. I just started a business 3 months ago in Seattle. No income in the first 3 months. I Just made several husbands in the past several days. My husband retired in 2011. His income now is the rent from a property in NYC which is a partnership that his father left him. In 2011, he put his partnership into a living trust. After we got married, he made little money in his business. He lost a lot of money in 2007 but made some money in 2012 and 2013 in stock market. We have a joint account which has very little money in it. He puts almost all his money in stock market. I have a son who is from my first husband. My husband has paid for his tuition and his living costs for one year. I bought a house in China which is under my name after we got married which he paid most of it. He bought a house in California in 2009 under his name, we signed an agreement that this house belongs to him. My question is, If I file the divorce in Washington state, how will we split the assets? He paid the bills and he spent some money on my son, he gave me some money in 2007, will the money be deducted from the amount that needs to be distributed? Can I ask for alimony? His income is over 15,0000 per year.
Waiting for your kind answer. Thank you very much.
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

 

I am an attorney with more than 25 years of experience and look forward to providing you with information in this regard

 

The assets will be divided according to the laws in this regard in the state where you file.

 

So in Washington, marital assets include all earnings during marriage from either party so this will include any money that you spouse has earned and put into the stocks. All property acquired with earnings during marriage, and any property acquired with "community funds."

Therefore, whatever you all acquired while married is subject to an equal split. You may want to come to terms with your spouse about how the distribution will be handled, otherwise the court will do it for you


You may request and more than likely be awarded alimony. However, he can argue that you are capable of working and request the alimony be minimal and temporary until you get on your feet -

 

If you need an education or other training to acquire skills to be employed then you may request he pay for that.

 

 

Customer: replied 1 year ago.

Thank you very much for your quick and professional answer. We signed the legal paper about the house he bought in California that it belongs to you. Do we still split the house if I file the divorce in Washington?


Thank you.

Expert:  Samuel II replied 1 year ago.

Hello

 

You are welcome

 

No. That would be considered a Post Nuptial agreement as long as it was signed in front of a Notary

 

Please remember I can only answer what you ask and so if you have more questions, you can post them here. Otherwise, I thank you in advance for a positive rating.

Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 21474
Experience: General practice of law with emphasis in family law.
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