QUESTION
If I want a divorce with my husband, will he get any of the property?
Asked on Mar 08th, 2013 on Divorce - California
More details to this question:
My husband and I have been separated for nine years. We haven't seen each other in nine years and he didn't pay any child support for two of our children's. I currently have a house and a restaurant that I opened with my partner under my name.
6 ANSWERS
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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He can make a claim to any property acquired during the marriage. However, the claim will have certain restrictions. Consult with an attorney to discuss your property rights further.
Answered on Mar 11th, 2013 at 3:09 PM
All assets acquired after separation are your separate property and not divisible upon dissolution. Unless you used a community asset, one that you obtained during the time you and your husband were together, to finance your current house or restaurant then he has no claim on them.
Answered on Mar 11th, 2013 at 3:09 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If you got your property after separation its your separate property. But you will have to prove it. File for divorce so you can get your assets confirmed as yours.
Answered on Mar 11th, 2013 at 3:08 PM
Your husband is only entitled to any asset or debt acquired or incurred from the date of your marriage through the date of your separation. Anything you acquired in the last nine years from your earnings or from gifts or inheritances is your separate property. You should list all such items as your separate property on the appropriate declaration when you file for divorce.
Answered on Mar 11th, 2013 at 3:08 PM
It sounds like you have post separation property which would be your own separate property. But you should consult with an atty to get this clarified give the atty all the details.
Answered on Mar 11th, 2013 at 3:07 PM
John Arthur Smitten
If separated for that long unlikely there is any property to divide.
Answered on Mar 11th, 2013 at 3:07 PM