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I am about to get a divorce from a marriage that was only 2

years and 9 months....
I am about to get a divorce from a marriage that was only 2 years and 9 months. If I gift all of my money from my savings account to a friend, family member, or charity, can she still claim half of the money that was earned during the marriage? (The account was converted to joint account during the marriage and my spouse did not contribute any money.)
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11/1/2011
RayAnswers
RayAnswers, Lawyer
Category: Family Law
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RayAnswers :

Thanks for your question and good evening.

RayAnswers :

Any income or earnings during the marriage here--two years and 9 months is community property and subject to division.As long as she can show that you earned it here the court can require you to divide it all.Sorry but it is community property here in California.If you will file for divorce there would be no claim for spousal support however as this marriage is short term here.

RayAnswers :

California is a "community property" state, which means that assets and debts acquired during marriage are divided equally in a divorce.


Each spouse keeps their separate property, which can include:



- Assets you had before marriage, if you kept them separate from community property
- Income from separate property
- Property you acquire during marriage by inheritance or gift



 

RayAnswers :

When dividing property for a dissolution of marriage or legal separation of the parties, property acquired by the parties during marriage in joint form, including property held in tenancy in common, joint tenancy, or tenancy by the entirety, or as community property, is presumed to be community property. This presumption is a presumption affecting the burden of proof and may be rebutted by either of the following: (a) A clear statement in the deed or other documentary evidence of title by which the property is acquired that the property is separate property and not community property. (b) Proof that the parties have made a written agreement that the property is separate property.


When economic situations warrant, the court may award an asset of the community estate to one party on such conditions as the court deems proper to effect a substantially equal division of the community estate.


The court may also award, from a party’s share, the amount the court determines to have been deliberately misappropriated by the party to the exclusion of the interest of the other party in the community estate.


Debts accumulated after the date of separation are treated as follows: (a) Debts incurred by either spouse for the common necessaries of life of either spouse or the necessaries of life of the children of the marriage for whom support may be ordered, in the absence of a court order or written agreement for support or for the payment of these debts, shall be confirmed to either spouse according to the parties’ respective needs and abilities to pay at the time the debt was incurred. (b) Debts incurred by either spouse for nonnecessaries of that spouse or children of the marriage for whom support may be ordered shall be confirmed without offset to the spouse who incurred the debt. (California Code - Sections: 2501, 2581, 2601, 2602, 2621, 2623, 2625, 2641)


 


Since California is a "Community Property" state, all marital property will be divided in a 50-50 fashion according to the court unless agreed to otherwise by the divorcing spouses. This means that everything that is considered "up for grabs" in the dissolution will be distributed equally to each spouse. Obviously this does not entail splitting a car in half so to speak, but rather each spouse will be rewarded with assets of equal value

RayAnswers :

You will need your own lawyer here to protect your interests.Here is lawyer referral

RayAnswers :


Lawyer Referral Services






1-866-442-2529 or 866-44-CA-LAW
(toll free in California)

415-538-2250
(from outside California)

Lawyer Referral Services Program (LRS)
The State Bar of California
XXXXXbr/> San Francisco, CA 94105
e-mail: [email protected]
Phone:(NNN) NNN-NNNN/p>




 

RayAnswers :

Thanks for letting me help you and if you have follow up just ask it is never a problem.Happy Halloween to you too.

RayAnswers :

If you have to file yourself here are free forms and self help

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