Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

I have a CA family law question Regarding a final divorce

Hi I have a CA...
Hi I have a CA family law questionRegarding a final divorce -spousal settlementCould I request 50% of my husbands inheritance?
He's already been placed as a recipient in his parents trust bc he's hidden some of our cash assets in it .But I'm assuming that once I try to go after half of his 33.3% - he will "show" that he's not collecting or a part of any inheritance at all.
Basically- he'd lie . That's what he's done thus far in our 6 year divorce battle and his parents are worse with the lying and hiding than he is. Apple didn't fall far from the tree!
Show More
Show Less
Ask Your Own Family Law Question
Answered in 38 minutes by:
8/7/2017
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 43,445
Experience: 30 years as a family law lawyer .
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Ask Your Own Family Law Question
Customer reply replied 3 months ago
Ok no problem .

There is a strong presumption under California law that assets and debts a couple accumulates during marriage are community property. Property one spouse owned alone before the marriage, or acquired by gift or inheritance during the marriage, is that spouse's separate property.

California Divorce: Dividing Property | DivorceNet

It is going to be separate here unless they comingled it into a jointly titled property or a joint bank account.Otherwise he keeps his inheritance and you keep yours.

Thanks for your patience, please don;t shoot the messenger.Thanks for rating 5 stars good luck with divorce.

Ask Your Own Family Law Question
Customer reply replied 3 months ago
you are saying that even if he was put into his parents trust account during our marriage , it's still only his ?
Customer reply replied 3 months ago
Living trust ***

Yes if he is a beneficiary.Now if he set up a trust with community assets without your consent and tried to leave it to others that would be marital fraud.But anything either spouse inherits by will ro trust here in California is separate property.He has no claim to your inheritance either.

Ask Your Own Family Law Question
Customer reply replied 3 months ago
Ok now he used / took marital assets , put them into his parents living trust and then had the trust purchase a new home for him in the trust name , then he was added as a trust owner .Although let me back up ....
At first he opened up a bank account in his parents names but HE was a legal owner of the bank account . I've never seen this before because usually there isn't a "legal owner " of the bank account bc it's usually the account holders.Anyway the reason why he kept himself as the legal owner was in case his parents passed away , he didn't want his 2- brothers getting 2/3 of the $400k that he put into his parents names.Afterwards , for a short time he was put in the living trust owning solely the 400k before having the trust purchase the new home which only his parents' trust was the deed holder for. Then they did a quick deed turning it over to my husbands girlfriends living trust account name.This is fraud isn't it - against the marital assets .

This is a different scenario, marital fraud, you ask the court to invade the trust and award you the marital share, your half of what he put in.In this case it is community because it was marital funds he put into it .You have a great equity claim here, you will need to subpoena the financial records here from him, maybe prior tax and trust returns too.

Ask Your Own Family Law Question
Customer reply replied 3 months ago
His family is a group of liars and cheaters ( think Italian crime family) .... if I try to subpoena they will claim that it has nothing to do with his name and then they will pull him out of the trust and quickly replace all the papers showing no trace of him on any paperwork .
Then tell me I'm not entitled to subpoena records if his family .Could any of this be true ?
If I have documents that showed him sharing bank accounts with his parents and their living trust ... isn't this enough evidence to subpoena it all?

You can try to keep digging and subpoena the records.You can depose the other parties in his family as well.You hope to trace the loss of marital funds so you can claim a share.I agree they are all helping him stash assets.

Ask Your Own Family Law Question
Customer reply replied 3 months ago
I'll keep working on it . But good to know that I can still depose and subpoena all of them and now the gf too plus his new tax accountant who is hiding / sheltering a business for my husband in either her name as a partner or a a random name which I haven't discovered yet . ( just recently found the crooked accountant ) !!Thank you .

Have a great evening talk to you again soon.

RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 43,445
Experience: 30 years as a family law lawyer .
Verified
RayAnswers and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask RayAnswers Your Own Question
RayAnswers
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 43,445
43,445 Satisfied Customers
Experience: 30 years as a family law lawyer .

RayAnswers is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,844 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I am middle of divorce and my family law attorney said there
I am middle of divorce and my family law attorney said there is nothing much we can do anymore about property issues for companies in family court. I am looking for the way to make a claim in civil co… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
This is a Family Law question. My "spouse" moved to Arizona
This is a Family Law question. My "spouse" moved to Arizona from Florida almost a year ago and will not allow me to see my daughter. That's right I haven't held her in a year. There is no custody agre… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I'm getting divorced in State after 22 years of marriage. Is
I'm getting divorced in Washington State after 22 years of marriage. Is it correct that for spousal support I should receive half of his income for 11 years (excluding debt)?… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
I need a good family law lawyer for a divorce/custody case.
I need a good family law lawyer for a divorce/custody case. What is a typical retainer and typical cost overall? Are there any lawyers that will allow payments over time? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I filed for divorce. I'm in a same sex marriage. If he
I filed for divorce. I'm in a same sex marriage. If he doesn't sign the waiver but doesn't show up for the final court date or he doesn't sign the final decree, will I still be granted the divorce? I … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Family Law Questions regarding divorce/name change/adoption,
Family Law Questions regarding divorce/name change/adoption … read more
socrateaser
socrateaser
1,031 satisfied customers
I have question re: Family Law/Divorce and a QDRO around
I have question re: Family Law/Divorce and a QDRO around Pension to ex-spouse? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Family law attorney with international divorce expertise(
Second opinion] This question is for a family law attorney with international divorce expertise( not an immigration attorney)I married my wife in a South American country 15 years ago and sponsored he… read more
RayAnswers
RayAnswers
Lawyer
43,445 satisfied customers
In Arizona with regard to a family law case (Divorce) if
In Arizona with regard to a family law case (Divorce) if there is a property award that should not have occurred because the property is seperate non communal (Gift) and I have filed a notice of appea… read more
socrateaser
socrateaser
1,031 satisfied customers
Community property question: If a single guy in the process
Community property question: If a single guy in the process of buying a house, loan is under HIS name and downpayment is made with HIS financial assets, but the house closes after the wedding, is the … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,360 satisfied customers
I have a question about family law. I have been divorced for
Hello, I have a question about family law. I have been divorced for 7 yrs and my children are 22 and 18. My ex is threating to take me back to court for child support. He was order to pay me at the ti… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,498 satisfied customers
Family law Arizona. Divorce. AZ, sure, Sure. I left the
Sure. I left the country then my wife attorney recused herself then my wife left the country . Now I still want this divorce. How can I get it and of course without comiting to anything.… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,360 satisfied customers
I am divorced but in a family law court over marriage
I am divorced but in a family law court over marriage settlement of property. At each hearing the judge has made decisions and ordered me to pay more alimony, more fees for the opposing side and not o… read more
Maverick
Maverick
Doctoral Degree
6,133 satisfied customers
Divorcing a cheater! Wife owned home prior to marriage.
Hi, divorcing a cheater! Wife owned home prior to marriage. Refi's to lower rate and reduce term of mortgage. Cheaters income used to qualify for shorter term, 5 years older and retirement planning. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Have question re: family law in WI, Post divorce matter!
It's regarding a contempt judgement following the divorce… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,072 satisfied customers
Have a family law question, basically short marriage (less
Have a family law question, basically short marriage (less than 3 years) with twins and spouse earning well. Question - which state is best for divorce considering ALL factors as below1. Least Length … read more
RayAnswers
RayAnswers
Lawyer
43,445 satisfied customers
If you werte married in a community property state and one
if you werte married in a community property state and one spouse moves to a non community state does that remove the community property factor … read more
Expert James
Expert James
Doctoral Degree
11,533 satisfied customers
Family law question; my divorce finalized this feb. In the
Family law question; my divorce finalized this feb. In the settlement decree it stated that I am to get 15% equity from an investment property that my ex owns with his 5 other siblings. They can sell … read more
RayAnswers
RayAnswers
Lawyer
43,445 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x