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I had a legal separation agreement prior to our divorce. My…

I had a legal separation...
I had a legal separation agreement prior to our divorce. My ex wife had exclusive use of the family residence. I was to deposit my monthly pay check in the the joint account for living expenses and costs, including but not limited to payment of the family residence mortgage, property taxes, insurance in lieu of support. In addition I paid her internet, cable TV, utilities, vehicle fuel and maintenance, phone, groceries’ and maintenance from joint bank account. She collected community rental income and used it for her household expenses every month. The legal separation was silent on the community rental income. We will be going back to court to finalize some remaining divorce issues as this being one of them
Question-Am I entitle to half the community rental income?
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Answered in 3 minutes by:
9/5/2017
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 47,077
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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Yes this is community proeprty here and subject to 50-50% division under California marital property law.The final decree/settlement should reflect this division.You may be due offset credit for half of what she has received during the time period since filing for legal divorce.You can seek such offset as w2ell as future division.

California law..

California is a community property state. This means that a marriage or the registration of a domestic partnership makes 2 people 1 legal “community.” So property that the couple acquires during marriage/partnership is “community property.” And debt that the couple acquires during the marriage/partnership also belongs to the “community debt.”

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

Bottom line you are due half in the decree and credit for your share since filing for divorce.

I appreciate the chance to help you today.I wish you the best here.

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 8 months ago
Thank you for your response!

You are so welcome good luck here with divorce and thanks for rating 5 stars at top of page.

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