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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100033
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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In my first divorce, I have a monetary settlement that

Customer Question

In my first divorce, I have a monetary settlement that consists of stocks, bonds, and funds that is still held in my ex's name and thru the company he works for. We had agreed that it would mature after 10 years from the disolution, which will be in 6 months. At that time, it will be mine to do with it as I please.
I am remarried and having issues, now considering divorce number 2. Will that settlement amount be considered community property or seperate?? I live in California, county of Ventura.
Would my filing affect me getting all of it to myself????
Submitted: 9 months ago.
Category: Family Law
Expert:  Ely replied 9 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

1) What state was your first divorce in?

2) Is this agreement about the stocks/bonds/funds ("assets") with your ex in writing? What kind of writing - a contract? Or included in the divorce decree? Or something else? OR, is it verbal? If it is verbal, what does the divorce decree state about the assets?

3) Is your ex still willing (as far as you know) to honor the agreement?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 9 months ago.
1st Divorce also CA.
It was a separate agreement in writing.
Yes, he is very honorable
I never mentioned it to my current husband, Just in case it wasnt honored or something happened in the mean time.
Customer: replied 9 months ago.
Is child support received from my first marriage separate or community?
Expert:  Ely replied 9 months ago.

Thank you.

You state that this is in writing - one more thing, please. Does the first divorce's decree mention anything about the assets? Or, it skips them all-together?

Customer: replied 9 months ago.
I dont think there was any mention. He is a partner and I think it was brought up much later.
Expert:  Ely replied 9 months ago.

Thank you.

First of all, understand that this is SUBJECTIVE. See HERE.

If the assets are yours to begin with per contract, then - and this is very subjective - I would guess that (a) all the money that was accrued prior to the second marriage would be separate property, and (b) all the money accrued after the second marriage would be considered community property.

Child support is generally separate property.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 9 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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