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Ray, Lawyer
Category: Legal
Satisfied Customers: 41015
Experience:  30 years in civil, probate, real estate, elder law
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I need an answer for my 84 year old mother, She and my dad

Customer Question

I need an answer for my 84 year old mother
JA: What state are you in? It matters because laws vary by location.
Customer: She and my dad have been married for 65 years devoiced after 30 and then remarried within a day or so of the divorce. so we do not count it.
JA: Has anything been filed or reported?
Customer: we are in the sate of California. he claims now after these 35 years she does not own half of their businesses
JA: Anything else you want the lawyer to know before I connect you?
Customer: no that's it
Submitted: 10 months ago.
Category: Legal
Expert:  Ray replied 10 months ago.

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.

Expert:  Ray replied 10 months ago.

She has a community property claim for the last 35 years here for any income or profit.I am not sure if dad was awarded th e property in the divorce that determines if she has a claim to ownership.Even if she was divorced a day here, the decree and settlement should have resolved the business.

California law defines community property as any asset acquired or income earned by a married person while living with a spouse. Separate property is defined as anything acquired by a spouse before the marriage, during the marriage by gift, devise, or bequest, and after the parties separate.

California Community Property FAQs |

Expert:  Ray replied 10 months ago.

Community property generally is everything that spouses or domestic partners own together. It includes everything you bought or got while you were married or in a domestic partnership — including debt — that is not a gift or inheritance.

Community property also includes all the earnings that either spouse or partner (or both of you) earned during the marriage and everything bought with those earnings. You can usually tell if property belongs to the community by looking at the source of the money that was used to buy it. If the purchase money was earned during the marriage, the property belongs to the community.

Presumption here is that anything started here during marriage is community property.You would want to look at who got what in the first divorce to see whether ownership was divided at that time.Any income here during marriage from the business is community income.

Thanks again I appreciate the chance to help.Mother may want her own lawyer, she has potential to receive spousal support and fair division of all assets.

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