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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10484
Experience:  Experienced Family Law Attorney
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How can I learn about my legal rights within a marriage?

Customer Question

How can I learn about my legal rights within a marriage?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Has anything been filed or reported?
Customer: not to my knowledge
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have been with my husband for 46 years
Submitted: 5 months ago.
Category: Family Law
Expert:  LegalGems replied 5 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 5 months ago.

A married couple in CA that has been married long term (10 plus years) has many legal protections.

Expert:  LegalGems replied 5 months ago.

For example CA is a community property state, so all property acquired during the marriage (except for by gift/inheritance) is community property so each party owns 1/2.

This applies to income- so each party is entitled to 1/2 of the parties' income.

If the parties divorce, the idea is to keep both parties' living standard at the standard of living achieved during marriage so the court can award spousal support to the lowerearning/nonemployed spouse. This can be life long if the parties have been married for a long period.

Upon death, each party inherits all of the community property and at least 1/2 of the separate property of the other spouse. If there are no relatives of the deceased spouse, the surviving spouse inherits all of the separate property.

Here is an overview of property issues:

http://www.courts.ca.gov/1039.htm

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 5 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html