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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!
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Answered in 38 minutes by:
8/7/2017
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 44,499
Experience: 30 years as a family law lawyer .
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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.

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Customer reply replied 5 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.

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Customer reply replied 5 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 5 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.

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Customer reply replied 5 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.

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Customer reply replied 5 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.

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Customer reply replied 5 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.

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