CA State - Theoretical Question

[Arrived]

My wife loves to throw in my face that if we ever divorce she gets AT LEAST half of all my assets. To the marriage I brought about $400K in retirement assets that continue to grow (mutual funds), as well as other liquid assets. My understanding re: community property was that it was only what pertained to gains made DURING the marraige. Her posture is making me very nervous, even tho I consider our marraige otherwise healthy. Is she correct?

[seniorjudge]

Originally Posted by Arrived

My wife loves to throw in my face that if we ever divorce she gets AT LEAST half of all my assets. To the marriage I brought about $400K in retirement assets that continue to grow (mutual funds), as well as other liquid assets. My understanding re: community property was that it was only what pertained to gains made DURING the marraige. Her posture is making me very nervous, even tho I consider our marraige otherwise healthy. Is she correct?

How long have you been married?

[BelizeBreeze]

Originally Posted by Arrived

My wife loves to throw in my face that if we ever divorce she gets AT LEAST half of all my assets. To the marriage I brought about $400K in retirement assets that continue to grow (mutual funds), as well as other liquid assets. My understanding re: community property was that it was only what pertained to gains made DURING the marraige. Her posture is making me very nervous, even tho I consider our marraige otherwise healthy. Is she correct?

The next time she tells you this hand her a petition for Divorce filled out wiht an attending Order for possession of the family home. Then boot her ass to the curb.

[Arrived]

thanks...i am not looking for a fight, just want to be prepared for anything since i did not get a prenup.

we married five years ago in AZ (why does this matter?). at that point i owned the home that provided the cash that bought the home in CA below.

we moved to CA two years ago and bought a home together (with my money)

outside of the house, which I would be OK to split if needed in a divorce situation, i just want to protect my $400K in retirement funds and another $200K in cash that i had before we were married.

BTW we have two kids together, and her son from prev marriage lives with us.

More than you wanted to know? Thanks in advance.

[LdiJ]

Originally Posted by Arrived

thanks...i am not looking for a fight, just want to be prepared for anything since i did not get a prenup.

we married five years ago in AZ (why does this matter?). at that point i owned the home that provided the cash that bought the home in CA below.

we moved to CA two years ago and bought a home together (with my money)

outside of the house, which I would be OK to split if needed in a divorce situation, i just want to protect my $400K in retirement funds and another $200K in cash that i had before we were married.

BTW we have two kids together, and her son from prev marriage lives with us.

More than you wanted to know? Thanks in advance.

The house is marital property. There is nothing you can do about that. Her name is on the deed, its 1/2 hers.

The portion of your 401k that accrued prior to the marriage is your separate property, the portion that has accrued since your marriage is marital property.

The 200k depends on what you did with the money. If you kept it separate, its still separate property. If you co-mingled it with marital assets or put it into a joint account, its marital property.

[Bali Hai]

Originally Posted by LdiJ

The house is marital property. There is nothing you can do about that. Her name is on the deed, its 1/2 hers.

The portion of your 401k that accrued prior to the marriage is your separate property, the portion that has accrued since your marriage is marital property.

The 200k depends on what you did with the money. If you kept it separate, its still separate property. If you co-mingled it with marital assets or put it into a joint account, its marital property.

Any further questions?

[Silverplum]

Originally Posted by Arrived

My wife loves to throw in my face that if we ever divorce she gets AT LEAST half of all my assets. To the marriage I brought about $400K in retirement assets that continue to grow (mutual funds), as well as other liquid assets. My understanding re: community property was that it was only what pertained to gains made DURING the marraige. Her posture is making me very nervous, even tho I consider our marraige otherwise healthy. Is she correct?

I'm sorry that I feel so compelled to write this, but...she sounds like a full-scale bi*ch.

[fairisfair]

Originally Posted by Silverplum

I'm sorry that I feel so compelled to write this, but...she sounds like a full-scale bi*ch.

Well, maybe not, but she is AT LEAST HALF a scale bi*ch

[Silverplum]

Originally Posted by fairisfair

Well, maybe not, but she is AT LEAST HALF a scale bi*ch

You're always so nice!

[Arrived]

thanks all....she is really not all that bad....i am not the easiest to live with. at least our marriage is still intact! but i do want to be proactive and not sure this is the place to ask....is it wise -- if i did truly keep my assets separate from hers -- to put the liquid stuff in something comparable to a "swiss bank account" simply to keep it out of the courts and out of view...if ever we came to separate for good?

[fairisfair]

Originally Posted by Arrived

thanks all....she is really not all that bad....i am not the easiest to live with. at least our marriage is still intact! but i do want to be proactive and not sure this is the place to ask....is it wise -- if i did truly keep my assets separate from hers -- to put the liquid stuff in something comparable to a "swiss bank account" simply to keep it out of the courts and out of view...if ever we came to separate for good?

ummm, I don't think anyone here was suggesting anything remotely like that. The point was that you must have NEVER comingled the funds, not that you could slickly unmingle them now. So long as you have not comingled the funds, there is no reason why you need to bury the money now in a can on some deserted island.