QUESTION

Am I entitled to get part of the properties if he filed a divorce and we’re for two years and ten months?

Asked on Jul 07th, 2014 on Divorce - California
More details to this question:
He is very abusive and always threatening me that he will get a divorce. I'm worried because we have a newly born baby. I just want to know so that I can move on easily with our son.
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5 ANSWERS

Business Litigation Attorney serving Los Angeles, CA at Gerard A. Fierro & Associates
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More information is need to answer. If the properties were acquired during the marriage then they are community property and each spouse would have a one-half interest. Either spouse that used there own money from before marriage may have a right to have that deposit money reimbursement. If the properties were acquired before the marriage by one spouse, then they are the separate property of that spouse. In some situations, a community interest can accrue in a separate property, such as a re-model or a loan paydown with community funds.
Answered on Jul 09th, 2014 at 5:04 AM

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It depends where they came from and when they were acquired. You have not provided any details so I cannot be more specific.
Answered on Jul 08th, 2014 at 3:16 PM

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Divorce & Separation Attorney serving Long Beach, CA at Law Offices of B. Stuart Walker
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You're entitled to half the community property and debt acquired during the marriage. i.e. property acquired using income from either of you made during the marriage. You may also be entitled to child support and possibly spousal support for a year or two.
Answered on Jul 08th, 2014 at 3:12 PM

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Alternative Dispute Resolution Attorney serving Ventura, CA at Zahn Law Office
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Without more information, this question is impossible to answer. Generally, property acquired during marriage is considered community property and is subject to equal division, but there are exceptions which may or may not apply to your case.
Answered on Jul 08th, 2014 at 10:04 AM

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Arbitration Attorney serving Irvine, CA at Law Office of Linda K. Frieder
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If the properties are community property you are entitled to half. If not, any increase in value you are entitled to half.
Answered on Jul 08th, 2014 at 10:00 AM

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