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My boyfriend's wife moved to another town a year and a half…

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My boyfriend's wife moved...

My boyfriend's wife moved to another town a year and a half ago. He thinks that because she lives elsewhere (but still pops in whenever she feels like it), they are legally separated. We are in California.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

We are in California.

Lawyer's Assistant: Have you talked to a lawyer yet?

He has talked to two. He is half owner of business and believes he can't make a move with regard to half of the business. He says they are legally separated and the court would say that he owes her 25% of the business, even if he were to walk away from the business.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He feels like he is stuck because he will have to pay her off for 25% of the business, even if he doesn't have the business anymore. Is this true?

Submitted: 8 months ago.Category: Family Law
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11/21/2017
Family Lawyer: Longhorn Lawyer, Lawyer replied 8 months ago
Longhorn Lawyer
Category: Family Law
Satisfied Customers: 13,389
Experience: Knowledgeable in all aspects related to family law matters.
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Hello! Thank you for using Just Answer. My name is***** have over 12 years of legal experience. Please allow me some time to review your question and to prepare a response.

As I am doing so, keep in mind that a normal part of dealing with complicated legal issues is that you might experience some delays. Please do not opt me out expecting a faster response. This will only result in further delays. Thank you in advance for your patience and understanding.

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Family Lawyer: Longhorn Lawyer, Lawyer replied 8 months ago

Thank you for your patience. Your answer is below. When you get your answers, you will be asked to give a rating - 4 or 5 stars are appreciated. This is important because this is how I credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

ANSWER: Living apart is not sufficient for a legal separation. A legal separation is a legal process which must be filed ordered in court, subject to specific requirements including the filing of a petition, etc.

I hope that answers your questions. Please remember to give me credit for doing my job by clicking on 4 or 5 stars at the top of your screen.

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Customer reply replied 8 months ago
I would say they are estranged. He would like to move forward with a divorce. He has thought about walking away from the business but he his concerned he will have to pay her off for his half of the business (25%). Is this true?
Family Lawyer: Attorney2, Attorney replied 8 months ago
Attorney2
Attorney2, Attorney
Category: Family Law
Satisfied Customers: 8,914
Experience: 30 Years Experience in Family Law
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Welcome to JA and thank you for your question. I am a different Attorney and it will be my pleasure to assist you.

A legal separation is a court procedure. He may own 1/2 of the business. He can release his rights to the business to her. I am not sure where he gets 25% from. Is the business profitable?

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Family Lawyer: Longhorn Lawyer, Lawyer replied 8 months ago

In terms of the property division, under California's community property laws, assets and debts that they acquired during marriage belong to both of them equally, so they must divide them equally in a divorce. Earnings acquired while they are living separate and apart can be determined to be separate property.

If they own the business with another two people, or he owns it with only one other person, and it is profitable, then I can see where she would get the 25%. But if it is owned by him only, then it is 50% of what is earned during the course of the marriage, except for what is gained while separate and apart.

I hope that answers your questions. Please remember to give me credit for doing my job by clicking on 4 or 5 stars at the top of your screen.

A BONUS is also appreciated if you feel I've earned one today. And remember, you can still ask follow-up questions if you need to.

If you want to talk on the phone, I am available to do that for an additional fee.

And if you have new questions in the future, you should write FOR JAMES in the question. That way, I become your personal Professional.

Thank you!

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Family Lawyer: Attorney2, Attorney replied 8 months ago
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