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Can a spouse leave marital assets to someone else (non-spouse) while still married?

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TT33

Junior Member
California Marital Property Law

Hello. I have an abusive, manipulative husband and I would like to file for divorce. My husband is threatening to leave all his assets to someone else before the divorce takes place. Can he do this while we are still married? I understand that he can do whatever he wants with the assets he gets after the divorce, but what about while we are still married, and not separated. Can he give his half of the assets to someone else? The assets are in both our names.
 


LdiJ

Senior Member
California Marital Property Law

Hello. I have an abusive, manipulative husband and I would like to file for divorce. My husband is threatening to leave all his assets to someone else before the divorce takes place. Can he do this while we are still married? I understand that he can do whatever he wants with the assets he gets after the divorce, but what about while we are still married, and not separated. Can he give his half of the assets to someone else? The assets are in both our names.
He cannot legitimately do that, but that doesn't mean that he won't do it anyway. I suggest that you get an attorney on board to help you with the divorce. That will ensure that he cannot get away with anything like that.
 

justalayman

Senior Member
I disagree.

California law allows for either party to dispose of some community property but puts restrictions on it.

Anything that has a title (in both names suggests some property of concern may have a certificate of title) he cannot sign title over to another without you doing it as well, unless it is something a car and the title is listed as yours OR his.



1100. (a) Except as provided in subdivisions (b), (c), and (d) and
Sections 761 and 1103, either spouse has the management and control
of the community personal property
, whether acquired prior to or on
or after January 1, 1975, with like absolute power of disposition,
other than testamentary, as the spouse has of the separate estate of
the spouse.
(b) A spouse may not make a gift of community personal property,
or dispose of community personal property for less than fair and
reasonable value, without the written consent of the other spouse.
This subdivision does not apply to gifts mutually given by both
spouses to third parties and to gifts given by one spouse to the
other spouse.
(c) A spouse may not sell, convey, or encumber community personal
property used as the family dwelling, or the furniture, furnishings,
or fittings of the home, or the clothing or wearing apparel of the
other spouse or minor children which is community personal property,
without the written consent of the other spouse.

so, that means get your ass to the courthouse and file asap. Ask an injunction be placed to prevent him from disposing of any community property
 

LdiJ

Senior Member
I disagree.

California law allows for either party to dispose of some community property but puts restrictions on it.

Anything that has a title (in both names suggests some property of concern may have a certificate of title) he cannot sign title over to another without you doing it as well, unless it is something a car and the title is listed as yours OR his.






so, that means get your ass to the courthouse and file asap. Ask an injunction be placed to prevent him from disposing of any community property
You are ignoring the fact that he would be disposing of assets with the clear intent to deprive his wife of her fair share of the community property in a divorce. We have seen enough examples on this forum alone to know that he would not get away with it if she is properly represented by an attorney.
 

justalayman

Senior Member
You are ignoring the fact that he would be disposing of assets with the clear intent to deprive his wife of her fair share of the community property in a divorce. We have seen enough examples on this forum alone to know that he would not get away with it if she is properly represented by an attorney.
no I'm not. People threaten divorce all the time so a threat of divorce doesn't mean much. Then, notice the statute I cited; it states one party can dispose of community property but they are required to do so considering true value. He can't sell a $50k paninting for a dollar lest he be liable for the remaining $49,999.

Obviously once an asset is liquidated tracking it becomes more problematic


That is why I urged the op to go and file if she is serious about filing.
 

LdiJ

Senior Member
no I'm not. People threaten divorce all the time so a threat of divorce doesn't mean much. Then, notice the statute I cited; it states one party can dispose of community property but they are required to do so considering true value. He can't sell a $50k paninting for a dollar lest he be liable for the remaining $49,999.

Obviously once an asset is liquidated tracking it becomes more problematic


That is why I urged the op to go and file if she is serious about filing.
Thank you, that language was clearer and more concise than your previous post. I think that the OP will more clearly understand the point that you were making.
 

Zigner

Senior Member, Non-Attorney
so, that means get your ass to the courthouse and file asap. Ask an injunction be placed to prevent him from disposing of any community property
The injunction is built in to the California divorce paperwork. No need to ask for it - it's automatic.

(Just clarifying so that the OP doesn't worry about how to go about asking for it.)
 

single317dad

Senior Member
The injunction is built in to the California divorce paperwork. No need to ask for it - it's automatic.

(Just clarifying so that the OP doesn't worry about how to go about asking for it.)
For the record, it's built into the self-help divorce papers of most states I've researched, assuming the petitioner actually uses those papers and doesn't try to file for divorce on a bar napkin.

Before anyone dismisses that possibility, I've seen divorce petitions written on graph paper, pink stationery, and one that had clearly been in someone's pocket for a very long time. Those were all in one county courthouse in the limited set of cases that I thought would be relevant to my own. I'm positive that even stupider things are out there.

Each of those complaints was replaced by a properly formatted one before their cases moved forward.
 

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