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We both decided to file a divorce I own properties before

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the marriage and own a...
we both decided to file a divorce I own properties before the marriage and own a business .I own a business .We got married Dec 2011 till present.A couple of days after our marriage he lost his job so we depending on my small business which I had before my marriage with him.He help ate the business delivering furniture and I do the sales.Our relationship wasn't in a great term on and off.We have talk about divorce .We don't have kids on our marriage.He just got a job two months ago .Since then he mention divorce three times.He make good decent amount of money.
My question is .Will he have the right to my properties if we have been married for only three years and six months? The properties I was talking about was acquired before the marriage . And we leave together for three years before getting married. Jeannette
Submitted: 2 years ago.Category: Family Law
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8/3/2015
Family Lawyer: Chris T., JD, Lawyer replied 2 years ago
Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 4,829
Experience: I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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Hello. I'll be happy to assist you.
In a divorce in a community property state, like California, there are two types of property: separate property (usually property acquired BEFORE the marriage) and community property (usualyl property acquired AFTER the marraige began). When getting a divorce, the spouses are obligated to divide up the community property, but not the seperate property. So, in this case, the business is your separate property since you acquired it BEFORE the marriage, and he is not entitled to any portion of it. That said, he MAY be entitled to a portion of the increased value of the business during the marriage. For exmaple, if the business was worth $1,000 before the marraige, but increased to $5,000 during the course of the marraige, he could claim a part of the $4,000 the business increased during the course of the marriage. There are several different formulias courts use to determine how much that would be (you can read more about them here: http://www.minyardmorris.com/resources/family-law/allocation-value).
So, while he's not entitled to any of the value of the business before marriage, he may be entitled to some portion of the increase in its value over the course of your marraige.
I hope that answers your question. If not, feel free to ask follow up questions. If so, please remember to "Rate" my answer before you go. Good luck.
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