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im married 2 years and ahalf have 2 kids and want to divorce…

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i'm married 2 years and...
i'm married 2 years and ahalf have 2 kids and want to divorce but all the property and bank account on my spouse name,if i divorce can i get half of all the asset?
Submitted: 8 years ago.Category: Legal
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Answered in 2 minutes by:
6/26/2010
Lawyer: Richard, Attorney replied 8 years ago
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 57,210
Experience: Attorney with 29 years of experience.
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Good afternoon. It doesn't make any difference whose name the assets are in...it's a question of when and how those assets were acquired. Assets obtained prior to marriage or by gift/inheritance during marriage are separate property and not marital assets. All other assets obtained during marriage...other than those obtained specifically with sole and separate property (as defined above)...no matter whose name they are titled, are marital assets and will be divided at divorce.

 

 

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If you have a follow-up question, please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

 

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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

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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).

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