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S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2510
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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I am 68 years old and My husband is 65 yrs of age and have

Customer Question

I am 68 years old and My husband is 65 yrs of age and have been married for 7 yrs this June 4th 2016.I sold my home to my husband almost 2 yrs ago My husband has abused me twice in the past 2 years. The Judge ordered him to stay away for 1 year and probation is for 3 years. He is back home as of last Sept 2015 with A lot of Anger Issues and does not want Counseling. He is Angry or just unhappy most of the time and just recently decided to Stop saying how much he hate me. Anyway He did not put my name on His Deed when he purchased the house. However he has been claiming my home and Myself for Tax (Owing approx. $13.000.00 to IRS) purpose since 2009 when I stop work. Anyway He want a Divorce and I'd like to know my RIGHTS. He has been working as a Longshoreman (top handler) with an income of approx. $95.000.00 to $125.000.00 Yearly with EXCELLENT Insurance which I need desperately with an Allotment to continue my Lifestyle and Pay Rent wherever I move to. The Mortgage is $1650.00 and the Bills are approximately $2350.00 monthly. He deposit $600.00 to $650.00 Weekly (depending on his work hours) into my account to pay All Household bills. My Social Security Income is $1200.00 monthly. He was in a Serious Accident in 01/2013 and I was told by my husband that he was Granted $80,000.00. He gave me a Money Order for $ 2,000.00 as a Xmas gift. and the rest is History. I need someone to assist me to my Legal Rights
Thank You, Kindly
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Submitted: 1 year ago.
Category: Family Law
Expert:  S. Kincaid replied 1 year ago.
First of all, since California is a community property state, you are entitled to 50% of the assets and debts that were acquired during the marriage, including any pension he has and including the IRS debt (unless you qualify as an innocent spouse under IRS regulations.) Normally, a house that was acquired during marriage is community property regardless of the form of the deed. However, you say you "sold" it to him. Can you explain that? Did he give you cash for it? Normally, spouses do not sell each other things during a marriage.The characterization of the $80,000 depends on 1) where the money came from; 2) whether it still exists; and 3) if so, has it been commingled into an account with other funds. If you can answer these questions, I can give you more information.Spousal support depends on many factors. It is normally reserved for long term marriages, which your marriage is not. However, it can, sometimes, be ordered in short term marriages. Spousal support is more likely to be ordered while the divorce is pending than after it is granted in short term marriages. The way that is calculated varies from county to county.If you need the insurance, you probably need to remain married as long as possible. Maybe he would agree to a legal separation instead of a divorce so you can remain on the insurance. If not, almost all insurance plans expire for dependent spouses as soon as the marriage is dissolved.
Expert:  S. Kincaid replied 1 year ago.
Do you have any other questions?