QUESTION
What can happen about a couple unlegally separated for 2 years what would be the status?
Asked on Nov 11th, 2012 on Divorce - California
More details to this question:
Separated no more communication. Does the other party gain all rights to property?
7 ANSWERS
If the parties have separated for 2 years, then the property has already been divided for some time now.
Answered on Nov 15th, 2012 at 4:58 AM
If you have been separated for two years without filing for divorce, neither party is automatically entitled to property. One party could obtain property through a divorce action if the other party is properly service with the Complaint for Divorce and fails to respond. If no action is filed with the Court, the Court does not get involved in property distribution.
Answered on Nov 14th, 2012 at 7:49 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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In Florida, there is no legal separation. So, legally, you are still married and property acquired can still be considered marital property subject to division between the parties. You should consult with an attorney.
Answered on Nov 14th, 2012 at 7:07 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Doubtful but I need more facts .
Answered on Nov 14th, 2012 at 6:47 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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The other party does not gain all rights to property. Get counsel.
Answered on Nov 14th, 2012 at 5:15 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You need a court order or agreement to divide the property. It doesn't just belong to one person.
Answered on Nov 12th, 2012 at 11:49 PM
No. But there can be reimbursements for payment on mortgages or community debt with separate property dollars. You should consult an attorney.
Answered on Nov 12th, 2012 at 11:47 PM