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If my spouse received a bonus during our marriage am I entitled…

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If my spouse received a...
If my spouse received a bonus during our marriage am I entitled to any of that? He has already moved out but has not filed.
Submitted: 8 years ago.Category: Legal
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6/16/2010
Lawyer: Ely, Counselor at Law replied 8 years ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,583
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



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Customer reply replied 8 years ago
yes
Lawyer: Ely, Counselor at Law replied 8 years ago
Do you keep separate or joint account(s) for income?
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Customer reply replied 8 years ago

seperate

 

Lawyer: Ely, Counselor at Law replied 8 years ago
Unfortunately then it's his. Separate property and debt is property that is generally:


1. Owned before marriage by one spouse; or

2. Acquired by gift or will or similar legal way by spouse during marriage; or

3. Declared as such by prenup or postup; or

4. Traceable property purchased by one spouse only; or

5. Tort Recovery for personal injury, but not medical expenses or loss of earning capacity.



Separate property and debt is awarded to the party which had claim to it in accordance with the rules above.



Community Property and debt is everything else, including but not limited to:


1. Income from BOTH parties; or

2. Declared as such by prenup and postup; or

3. Gift from one spouse to another; or

4; All titled and non-titled property gathered during marriage.



Community property is AUTOMATICALLY ASSUMED unless proven to be separate property by a party “by a preponderance of the evidence.” Community property and debt is split 50/50. Problem is that here, it is traceable his and no doubt he put it into his own separate account, thus it's his separate property I am afraid.

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