apico21 said:
What is the name of your state?ca hi, my mom is going through a divorce. her husband seems to think it is up to him on what my mom takes when she moves out. they were only married about 11 months this time, but were married a previous time for about 4 years. I was just wondering if just because his income pays for most everything, that he is intitled to whatever he wants, and she can take only what her husband decides she can take. Isnt it true that things they buy while they are married is community property, and should be divided up evenly. and if he doesnt comply with this, the only thing for my mom to do is hire an attorney? i would greatly apprecitate an answer to my questions, me and my mom both are worried and lost. thanks.
My response:
You're correct - - California is a community property State. Listen, tell your Mom everything is going to be okay. Tell her not to argue with him, and for now, to accept whatever he has to say - - for now.
A Superior court judge will see what has happened and correct the problem later on. Believe me, I see this all the time, and it does get fixed.
So, let your Mom think that he's won. It's a male ego thing, and nothing more. It's like water - - water always seeks it's own level, and so too will the property issues before the dissolution is finalized.
I assure you, if your Mom follows this simple instruction now, it will all be better for her later. I promise.
Also, your Mom does, in fact, need to hire an attorney - - and the best part about that is your stepfather will wind up paying her attorney's fees. So, the more he fights, the more it's going to cost him in the end.
I've seen a $200.00 coffee table turn out to cost $5,000.00 - - when you take into consideration the cost of the legal fight over the coffee table!
IAAL
