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  #1  
Old 03-10-2008, 03:09 PM
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Question

Cheated on

What is the name of your state? California

I have recently kicked my husband out of the house for having an affair with another woman. He is now living with her. If they decide to breakup at any point from now on, What can she claim as hers, that belongs to my husband, before or after he left me?

What if he would die while living with her? What will she demand is hers, that belonged to him?

When he retires, which is in a couple of years. Can she claim his retirement penshion at any point?

Note: I do not indend to divorce him.
  #2  
Old 03-10-2008, 03:12 PM
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If he intends to divorce you, you won't have a choice.
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  #3  
Old 03-10-2008, 03:13 PM
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Q: If they decide to breakup at any point from now on, What can she claim as hers, that belongs to my husband, before or after he left me?

A: You would have to ask her to make sure, but my guess is she could ask for the whole farm.



Q: What if he would die while living with her? What will she demand is hers, that belonged to him?

A: Same answer as #1.



Q: When he retires, which is in a couple of years. Can she claim his retirement penshion at any point?

A: Same answer as #1 and #2.
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  #4  
Old 03-10-2008, 03:13 PM
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Quote:
Originally Posted by ElaineK View Post
What is the name of your state? California

I have recently kicked my husband out of the house for having an affair with another woman. He is now living with her. If they decide to breakup at any point from now on, What can she claim as hers, that belongs to my husband, before or after he left me?

What if he would die while living with her? What will she demand is hers, that belonged to him?

When he retires, which is in a couple of years. Can she claim his retirement penshion at any point?

Note: I do not indend to divorce him.
This is new.
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  #5  
Old 03-10-2008, 03:17 PM
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Quote:
Originally Posted by ElaineK View Post
What is the name of your state? California

I have recently kicked my husband out of the house for having an affair with another woman. He is now living with her. If they decide to breakup at any point from now on, What can she claim as hers, that belongs to my husband, before or after he left me?

What if he would die while living with her? What will she demand is hers, that belonged to him?

When he retires, which is in a couple of years. Can she claim his retirement penshion at any point?

Note: I do not indend to divorce him.
What she can ask for, and actually receive, depends upon whether or not the two of you get divorced, and they get married.

However, if you get divorced, your property will be divided, and it won't be any of your business what happens to his share.
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  #6  
Old 03-10-2008, 04:00 PM
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Girl - get a grip. You tossed him out, he could walk right back in as you don't have the authority to toss him out of the marital premises.

He is living with someone else yet you don't plan to divorce him? Nice to see you have your priorities in order.

And apparently, then, you don't mind continuing to be responsible for your share of marital debt despite knowing whatever bills she racks up on his credit cards becomes 1/2 your debt? But you are concerned about what she can claim?!

Whatever.
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  #7  
Old 03-10-2008, 04:03 PM
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Red face
I really appreciate your answering so quickly but I don't want any guessing. I want facts. Are there any people who have professional answers out there?
  #8  
Old 03-10-2008, 04:09 PM
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Social Security goes to the spouse.
Marital home, if owned - depends on the name on the deed
Life insurance, spouse remains the beneficiary unless the spouse signs acknowledging that the proceeds are being directed elsewhere.
Debts - all yours if he dies darling!!

Other than that - he could have a will drawn up giving her every asset that is solely owned by him. As his surviving spouse, you'd be wholly responsible for all marital debt which you could use the life insurance proceeds and his social security to pay..
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  #9  
Old 03-10-2008, 04:38 PM
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Thanks folks.

Looks like I need to do some research.
  #10  
Old 03-10-2008, 05:55 PM
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Quote:
Originally Posted by ElaineK View Post
Thanks folks.

Looks like I need to do some research.
Yes you do. Research how to file for divorce!!!! And right quick!!!
  #11  
Old 03-10-2008, 06:51 PM
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Quote:
Originally Posted by tuffbrk View Post
Social Security goes to the spouse.
Marital home, if owned - depends on the name on the deed
Life insurance, spouse remains the beneficiary unless the spouse signs acknowledging that the proceeds are being directed elsewhere.
Debts - all yours if he dies darling!!

Other than that - he could have a will drawn up giving her every asset that is solely owned by him. As his surviving spouse, you'd be wholly responsible for all marital debt which you could use the life insurance proceeds and his social security to pay..
Gotta disagree with you there....

Social Security goes to anyone who was married to him for at least 10 years, which could include current spouse and multiple exes.

Marital home...even if the current (at the time) spouse is not on the deed, they would get house since CA is a community property state.

Life Insurance - The rules on that vary from state to state. What you stated is true in some states, but not in others. In others, if he is the owner of the policy he can change the beneficiary at will.

Since CA is a community property state, I agree about the debts unless they get a divorce or legal separation. However, because CA is a community property state, any assets would also be all hers if they don't get a divorce or legal separation.
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  #12  
Old 03-10-2008, 07:28 PM
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Quote:
Originally Posted by LdiJ View Post
Gotta disagree with you there....

Social Security goes to anyone who was married to him for at least 10 years, which could include current spouse and multiple exes.

Marital home...even if the current (at the time) spouse is not on the deed, they would get house since CA is a community property state.

Life Insurance - The rules on that vary from state to state. What you stated is true in some states, but not in others. In others, if he is the owner of the policy he can change the beneficiary at will.

Since CA is a community property state, I agree about the debts unless they get a divorce or legal separation. However, because CA is a community property state, any assets would also be all hers if they don't get a divorce or legal separation.
And premarital policies, and assets, can have other beneficiaries. The insurance I owned going into my marriage are different than those I acquired during my marriage, for example. Same with pension/401K, IRAs, etc, that were acquired before the marriage.
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  #13  
Old 03-10-2008, 11:32 PM
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Quote:
Originally Posted by Silverplum View Post
This is new.
Strange mood I am in but response made me crack up. LOL!!

Thats a huge accomplishment for the OP if you, with the thousands of posts that you have, can say that.
  #14  
Old 03-11-2008, 11:14 AM
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Originally Posted by maryjo View Post
Strange mood I am in but response made me crack up. LOL!!

Thats a huge accomplishment for the OP if you, with the thousands of posts that you have, can say that.

It's actually cribbed from "Mad About You," a line about Murray.

But it's also so true here. This IS new.
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  #15  
Old 03-11-2008, 11:21 PM
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Quote:
Originally Posted by Silverplum View Post

It's actually cribbed from "Mad About You," a line about Murray.

But it's also so true here. This IS new.
Oh I know what you are talking about! I LOVED that show.
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