Husband gave power of atty to his G/F

[myxisajerk]

What is the name of your state (only U.S. law)? California

Help? My husband and I have been living separate for several years now but we are still legally married and he has continually been giving me financial support. He just got sent to prison and signed over power of attorney and all his finances to some "other woman" he was messing around with, and now she is refusing to make my support payment.

I'm still dependent on his support in order to get by, and I'm also concerned about what kind of scandalous things she could be doing that I could end up 50% responsible for.

Since I am legally still his wife, isn't everything still community property? If so, can he give my 50% away to somebody else like this?

His income = approximately $15,000 month. I have a minimum wage job where I take home about $250 per week, and he has been paying me $750/month in support.

Any advice? Thanks

[mistoffolees]

Originally Posted by myxisajerk

What is the name of your state (only U.S. law)? California

Help? My husband and I have been living separate for several years now but we are still legally married and he has continually been giving me financial support. He just got sent to prison and signed over power of attorney and all his finances to some "other woman" he was messing around with, and now she is refusing to make my support payment.

I'm still dependent on his support in order to get by, and I'm also concerned about what kind of scandalous things she could be doing that I could end up 50% responsible for.

Since I am legally still his wife, isn't everything still community property? If so, can he give my 50% away to somebody else like this?

His income = approximately $15,000 month. I have a minimum wage job where I take home about $250 per week, and he has been paying me $750/month in support.

Any advice? Thanks

He didn't give his property to another woman. He gave her power of attorney. That doesn't mean she can use it for her own benefit.

Sounds like you're expecting him to continue supporting you indefinitely and he doesn't want to. (If he wanted to, he could). You need to file for divorce and get things settled.

[myxisajerk]

Originally Posted by mistoffolees

He didn't give his property to another woman. He gave her power of attorney. That doesn't mean she can use it for her own benefit.

Sounds like you're expecting him to continue supporting you indefinitely and he doesn't want to. (If he wanted to, he could). You need to file for divorce and get things settled.

Maybe I should have mentioned that he's been stringing me along about getting back together and we've continued to have a relationship off and on the whole time we've been separated.

I can't afford to pay a retainer, otherwise I'd hire a lawyer.

As for using his assets for her own benefit, she is doing things like selling his vehicles and then spending the $$ gambling at a casino. That's one of my main concerns, since legally I'm still half responsible for all that stuff - right?

[LdiJ]

Originally Posted by myxisajerk

Maybe I should have mentioned that he's been stringing me along about getting back together and we've continued to have a relationship off and on the whole time we've been separated.

I can't afford to pay a retainer, otherwise I'd hire a lawyer.

As for using his assets for her own benefit, she is doing things like selling his vehicles and then spending the $$ gambling at a casino. That's one of my main concerns, since legally I'm still half responsible for all that stuff - right?

You really need to beg or borrow the money from somewhere to get an attorney, before she dissipates all of the marital assets. An attorney can get them frozen so that she can't indiscriminately spend the money.

[mistoffolees]

Originally Posted by myxisajerk

Maybe I should have mentioned that he's been stringing me along about getting back together and we've continued to have a relationship off and on the whole time we've been separated.

I can't afford to pay a retainer, otherwise I'd hire a lawyer.

As for using his assets for her own benefit, she is doing things like selling his vehicles and then spending the $$ gambling at a casino. That's one of my main concerns, since legally I'm still half responsible for all that stuff - right?

Get an attorney. Many will agree to be paid from marital assets. Others will work out a payment plan.

Your issue is not just a divorce, it is her misuse of assets. If he simply gave her POA, she's allowed to act ON HIS BEHALF. That does not include selling vehicles and gambling it way. Now, it's possible that he did more than give her POA, but you said she simply had POA to handle his affairs. If she's misusing his/your assets, you may have cause of action against her. But that's not going to happen until you get an attorney to immediately freeze the assets and file for divorce.

[Zigner]

Originally Posted by myxisajerk

What is the name of your state (only U.S. law)? California

Help? My husband and I have been living separate for several years now but we are still legally married and he has continually been giving me financial support. He just got sent to prison and signed over power of attorney and all his finances to some "other woman" he was messing around with, and now she is refusing to make my support payment.

I'm still dependent on his support in order to get by, and I'm also concerned about what kind of scandalous things she could be doing that I could end up 50% responsible for.

Since I am legally still his wife, isn't everything still community property? If so, can he give my 50% away to somebody else like this?

His income = approximately $15,000 month. I have a minimum wage job where I take home about $250 per week, and he has been paying me $750/month in support.

Any advice? Thanks

You've been living separate for several years, yet you haven' bothered finding a job that would support you?

Also, as to marital assets, I'm willing to bet they are much less than you think they are. You have been separated for many years...