Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

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?
Show More
Show Less
Ask Your Own Family Law Question
Answered in 3 minutes by:
9/5/2017
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 45,256
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

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.

Ask Your Own Family Law Question
Customer reply replied 5 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.

RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 45,256
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
Was this answer helpful?
Ask RayAnswers Your Own Question
RayAnswers
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 45,256
45,256 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

11,875 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

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I need help with dissolution of domestic partnership. Los
I need help with dissolution of domestic partnership. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,294 satisfied customers
FOR LAWYER J, If someone submitted for a legal separation
FOR LAWYER J,Good Morning,If someone submitted for a legal separation and now wants a divorce, can that legal separation be amended to now reflect divorce? The legal separation was never submitted for… read more
lawyerJ
lawyerJ
Juris Doctorate
155 satisfied customers
Do you have knowledge about the law of Domestic partnership.
Do you have knowledge about the law of Domestic partnership. Is there an extension or grace period for filing. … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
580 satisfied customers
I am seeking a legal separation from my husband. We do not
I am seeking a legal separation from my husband. We do not itend to get back together. The reason for this is my husband's mental health issues and I don't want to be responsible for any debts that he… read more
LegalGems
LegalGems
Juris Doctorate
11,031 satisfied customers
My husband and I have lived apart without a legal separation
My husband and I have lived apart without a legal separation for the past 5 years. He lives in Pennsylvania and is asking for a no fault divorce. He has a lawyer, I do not. What is my legal standing i… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My spouse and I recently had a legal separation decree issue
My spouse and I recently had a legal separation decree issue in WA state. We are reconciling and wanting to undo this... how can we? … read more
lawyerJ
lawyerJ
Juris Doctorate
155 satisfied customers
In a divorce, does community property always get granted
In a divorce, does community property always get granted when it's a business that was started with no help or financial help from the spouse?… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
If a business came into marriage is it part of the divorce
If a business came into marriage is it part of the divorce ownership n name never changed at marriage … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,294 satisfied customers
My wife and I legally separated on November 17th in
My wife and I legally separated on November 17th in California. Shortly after, her company was purchased by a lager conglomerate and her stock options quadrupled in value. She acquired this job and th… read more
Damien Bosco
Damien Bosco
3,660 satisfied customers
As to my previous question, without a legal separation or
As a follow up to my previous question, without a legal separation or divorce, is there a way to ensure I cannot be held jointly responsible for any debts or financial liabilities that she may incur?… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My wife and I legally separated on November 17th in
My wife and I legally separated on November 17th in California. Weeks after, her company was purchased by a lager conglomerate and the stock options she was given upon being hired years ago quadrupled… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Question about legal separation/ legal divorce in CA: CA. My
Question about legal separation/ legal divorce in CA: … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,860 satisfied customers
Divorce and custody Alaska. Wife filed for legal separation
Divorce and custody Alaska. Wife filed for legal separation and I responded changing to a divorce. Married 12 yrs with 3 kids. 6 yr old, 3 yr old and 11 months. Own a business and business is struggli… read more
Phillips Esq.
Phillips Esq.
Attorney-at-Law
JD
18,658 satisfied customers
I live in California and my wife wants a legal separation. I
I live in California and my wife wants a legal separation. I know they are rare and often lead to divorce, and have many more similarities than difference. The biggest difference I can see is that wit… read more
RayAnswers
RayAnswers
Lawyer
45,256 satisfied customers
I have questions about domestic partnership and how it
i have questions about domestic partnership and how it pertains to a buisness (distributorship, MLM). … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,294 satisfied customers
Can I receive a legal separation agreement while my divorce
Second opinion] Can I receive a legal separation agreement while my divorce is pending? I am in Cal and my wife is in Utah. My cars are in Cal but insurance won't let me drop her with a legal separati… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,860 satisfied customers
Can I receive a legal separation agreement while my divorce
Can I receive a legal separation agreement while my divorce is pending? I am in Cal and my wife is in Utah. My cars are in Cal but insurance won't let me drop her with a legal separation agreement. Sh… read more
Phillips Esq.
Phillips Esq.
Attorney-at-Law
JD
18,658 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
3,398 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