How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask S. Kincaid Your Own Question
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2512
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
44472555
Type Your Family Law Question Here...
S. Kincaid is online now
A new question is answered every 9 seconds

I am a resident of Vancouver , British Columbia Canada. I have

Customer Question

I am a resident of Vancouver , British Columbia Canada. I have been seperated from my wife for 3 yrs , I am not divorced or have a seperation agreement. I do have a signed section 57 declaring our financial independence from each other. So here is the question if I were to buy a property in the state of California knowing they abide by a common property rule, does she have any stake in the property purchased if I use no money that was gathered during the marriage at the point of the divorce? Is there anything I can do to protect myself or reassure myself this won't be a problem in the future
Submitted: 5 years ago.
Category: Family Law
Expert:  S. Kincaid replied 5 years ago.

Steven Kincaid :

Thank you for allowing me to assist you.

Steven Kincaid :

First of all, if your wife does not live in California, California would not have jurisdiction over your divorce, so California's' community property rules would not apply.

Steven Kincaid :

Second, if your wife does live in California and files for divorce there, community property rules could apply; however, if you did not use community property to pay for the real estate and you are clearly separated from each other, then the real estate you purchase would not be community property under California law.

Steven Kincaid :

Is there any other information I can provide for you?