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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.
She has a community property claim for the last 35 years here for any income or profit.I am not sure if dad was awarded th e property in the divorce that determines if she has a claim to ownership.Even if she was divorced a day here, the decree and settlement should have resolved the business.
California law defines community property as any asset acquired or income earned by a married person while living with a spouse. Separate property is defined as anything acquired by a spouse before the marriage, during the marriage by gift, devise, or bequest, and after the parties separate.
California Community Property FAQs | DivorceNet.com
Community property generally is everything that spouses or domestic partners own together. It includes everything you bought or got while you were married or in a domestic partnership — including debt — that is not a gift or inheritance.
Community property also includes all the earnings that either spouse or partner (or both of you) earned during the marriage and everything bought with those earnings. You can usually tell if property belongs to the community by looking at the source of the money that was used to buy it. If the purchase money was earned during the marriage, the property belongs to the community.
Presumption here is that anything started here during marriage is community property.You would want to look at who got what in the first divorce to see whether ownership was divided at that time.Any income here during marriage from the business is community income.
Thanks again I appreciate the chance to help.Mother may want her own lawyer, she has potential to receive spousal support and fair division of all assets.
call the State Bar of California at(866)(###) ###-####/a>
I wish her the best here.
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