Hi again, and thank you for your patience. With regard to your post:
my husband and I have separated but we were living under the same house (which we both own) for the last three months. OK.
He refused to move-out. As time passed, he became more and more verbally and physically abusive. On june 2, I called the sheriff and they took my husband to jail. I filed a temporary restraining order (along with other orders: child & spousal support, stay-away order, & move-out order) and it was approved by the judge. Great.
On 6/26/13, the hearing is scheduled. For the permanent order?
No divorce/separation filings have taken place. Two of my concerns are that I want to continue getting covered thru his health insurance and I'm expecting a settlement from an auto accident, but I haven't received the money yet..OK.
..if my husband brings it up to the judge on 6/26/13, can the judge forbid me from using that money? Yes, he can, if the interests of justice require (and certainly until it is established to be what it is contended to be). However, that being said, CA does provide that the award IS to go to the injured spouse, and not shared unless there is very extenuating circumstances. The Court will look at the circumstances and needs of each party as well as the amount of time that has elapsed since the recovery of the damages or the accrual of the cause of action. The Family Court is obligated to look at all other facts of the case ( amily Code section 2603(b)). It is also not permitted to give the non-injured spouse 100% of other community property to “balance” out the injured spouse getting the personal injury settlement or the property that derived from it. So generally speaking, your interest in your injury award will likely be fully protected for you. Keep in mind that lost income from lost time from work MAY be community, if that is part of the settlement and allocated as such - but less likely to be if unallocated lump sum.
We have been married 19yrs, and most of our debt (including personal loans to family & friends) is suppose to get paid off with this money from the settlement? Are you sure you want YOUR money alone (ie injury award) to be used to pay of JOINT debts? You may want to review this with your future divorce attorney.
I have 3 kids (20/18/12 yrs old) and they all live with me.
During those 3 months (March, April & May...& now June); my husband only contributed for 2-months to two out of the three cars monthly payment, & May's gas, water, and electricity bill (total $180.00).Keep track of what should be community obligations. You can likely recoup that part that you paid that he didn't contribute to but should have.
I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.