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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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GOING THRU DIVORCE IN CALIFORNIA. MARRIED 14 YEARS. HUSBAND

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GOING THRU DIVORCE IN CALIFORNIA. MARRIED 14 YEARS. HUSBAND WAS AWARDED $30,000 AND A CERTIFICATE FOR RETRAINING FOR A WORKER'S COMP INJURY 3 YEARS AGO. HE LET THE CERTIFICATE WORTH $4,000 EXPIRE AND DID NOT "BETTER HIMSELF". HE WANTED TO START A STORAGE UNIT BUYING/SELLING BUSINESS. HE UPDATED OUR HOME TO ACCOMMODATE HIS NEEDS, SPENDING THOUSANDS OF DOLLARS. HE HAD A SORE KNEE FROM THE WORKER'S COMP INJURY, BUT WAS STILL ABLE TO MOVE COUCHES, CHAIRS, WASHERS, ETC.... NOW HE HAS ASKED FOR A DIVORCE AND SAYS HE WANTS ALL THE MONEY BACK HE USED FOR THE HOUSE FOR THE "BUSINESS". I SAY THAT HE ATTEMPTED A BUSINESS AND IT FAILED. THEN HE ASKED FOR A DIVORCE. WE SOLD OUR HOUSE AND THERE IS $27,000 FROM THE SALE, HE IS ASKING FOR ALL OF IT TO GO TO HIM. WHAT DOES THE LAW SAY? ALSO, HE WANTS SPOUSAL SUPPORT, BECAUSE HE APPLIED FOR DISABILITY AND RECEIVES $1,950 PER MONTH NOW. I MAKE APPROX. $50,000 PER YEAR. HE CAN WORK, HE DID THE STORAGE UNITS, HE FAILED TO BETTER HIMSELF.
Submitted: 2 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 2 years ago.
Hi, and welcome to JustAnswer, Whatever your husband received is considered "community property" in California. If he chose to put that amount into the marital residence in order to accommodate his needs at the time, then it became part of the property which, as I said, is community property. He has no right to ask you to pay anything to him and you have no obligation to pay him for anything he invested in the house. If your husband attempts to ask the Court to have you pay him any support, you should explain to the Court that he is perfectly capable of working and has proved that in the past. The fact that the business he attempt to start does not obligate you to support him. If he brings this issue up, you should turn the tables on him and your argument to the Court would be that he has proved that he is perfectly capable of working and he is simply looking for a free ride from you. You cannot be responsible for your husband's failed business venture. And, he will just have to get used to working, just like you work. You are soon to be his "ex-wife", you are not obligated to fund his failed business ventures. Please let me know if I have Answered your question and if you have any additional questions, Thank you and I look forward to your reply, ANDREA