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I have so many questions. I have been married for 20 years.

I have so many...

I have so many questions. I have been married for 20 years. Not an amicable union. I have supported him for 31 years (stupid me). In the state of California I do know that all assets are divided equally. However, are there any cases that are an exception to the law? I have built a small 401K and other savings. He has never worked and contributed to any savings. I have given him a life style that he would have had without me. We do own a home and I am willing to split evenly and nothing else. He is a Viet Nam Vet and thinks he is entitled. Are there any laws in favor of the woman who has broken her back all these years. He is a bully, I am small and he is large and strong and threatening. I am afraid of him. He is an alcoholic drinks every day until he is drunk. I stir clear of him as much as possible. Any advise?

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

No. Where I live is very rural without those amenities.

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

No children and one cat.

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Answered in 25 minutes by:
3/8/2018
Bill Attorney
Category: Legal
Satisfied Customers: 2,043
Experience: Attorney
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Dear Customer ,

Thank You for posting your family law question this evening. I'm attorney Bill assisting you with your question on marital division.

If you haven't signed a prenuptial agreement then yes the marital property is divided equally but your separate assets such as inheritances and assets prior to the marriage are something that do not form part of the community property in California.

You could also approach your spouse about signing now a postnuptial agreement.

CAlFamily code 2550:

"Except upon the written agreement of the parties, or on oral stipulation of the parties in open court, or as otherwise provided in this division, in a proceeding for dissolution of marriage or for legal separation of the parties, the court shall, either in its judgment of dissolution of the marriage, in its judgment of legal separation of the parties, or at a later time if it expressly reserves jurisdiction to make such a property division, divide the community estate of the parties equally."

His separate debts that were not for the two of you are something that you can deny liability for.

Here are the separate property statutory provisions:

"

CHAPTER 2. Separate Property [770 - 772]

( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

770.

(a) Separate property of a married person includes all of the following:

(1) All property owned by the person before marriage.

(2) All property acquired by the person after marriage by gift, bequest, devise, or descent.

(3) The rents, issues, and profits of the property described in this section.

(b) A married person may, without the consent of the person’s spouse, convey the person’s separate property."

We are here to help so please follow up with me as required

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Attorney Bill

Bill Attorney
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