QUESTION
Do I have the right to get share of the properties even though we're only married for less than 3 years?
Asked on Jul 08th, 2014 on Divorce - California
More details to this question:
I live in San Diego. My husband is planning to file a divorce. I just gave birth and don't have a job. Do I have the right to get share of the properties though we're only married for less than 3 years? He's rushing to get a divorce because according to him I won't get anything from him since we're not married long enough and he will also get the custody of our baby because I don't have a job.
5 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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First, the division of the property depends on when it was purchased and with what money. If they property was purchased before marriage it is probably all his. If purchased during marriage with community funds then the equity gets divided. There could be a blend of community and separate property interests. Second custody depends on the best interests of the child. If custody is awarded to you you are entitled to child support depending on his income.
Answered on Jul 10th, 2014 at 5:58 PM
Even with a short term marriage you are entitled to one half of the property accumulated while you were together. Child custody will not be determined by your employment status. You should consult a family law attorney to review all of the facts and advise you how best to proceed.
Answered on Jul 09th, 2014 at 5:33 PM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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First, you can still get custody without a job. The Court is not permitted to consider the economic situation of the parties in determining custody. The Court can provide financial assistance to you through child support and spousal support. Regarding the properties, when and how the properties were acquired is what determines the communities interest; not how long you were married.
Answered on Jul 09th, 2014 at 1:25 PM
Domestic Law Attorney serving Vista, CA
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Ralph L. Williams
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If property was acquired before marriage it is husband's separate property. Community can acquire a percentage interest in property if community earnings used to pay down principal and value of property increases from date of marriage. Child custody not based on your income. Husband can be ordered to pay child support and short term spousal support, usually 1/2 length of marriage. I would recommend that you contact a lawyer before agreeing to anything.
Answered on Jul 09th, 2014 at 12:13 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You need to discuss your rights with an attorney. You should be able to get spousal and child support and maybe a share of the properties. You should also ask for him to pay your attorney fees.
Answered on Jul 09th, 2014 at 12:00 PM