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legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience:  Practicing attorney for 10 years
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Have been separated for eight years in Calif.(not legally).

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Have been separated for eight years in Calif.(not legally). I want to file divorce papers. Where do I stand under Calif. community property laws? Does the eight years make a difference? I retained the house as sole proprietor. I'm self employed. Does my future x have any claims to my business?

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Everything is still community property unless you and your spouse agree in writing that certain items are separate property since they were bought during the 8 year separation. The house is a mixed asset since some of the value is community property due to the investment while your were both contributing to the payments and maintenance. If the business was started after the separation that is one asset you can claim as separate and in most cases the court will make that determination and not award anything to your ex.

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