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Dad dies husband wants divorce

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T

tmgrif

Guest
Recently, after my father passed away in a terrible accident, my husband has come to the revalation that things might be better if he was by himself and that we might divorce.

My question is this: With California being a community-property state, is he entitled to 1/2 of the insurance money my father left me?

A friend said she thought if we kept our monies separate, which we do--he has his own checking and I have my own checking--that he may not be.

Thanks for your help on this matter.

 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by tmgrif:
Recently, after my father passed away in a terrible accident, my husband has come to the revalation that things might be better if he was by himself and that we might divorce.

My question is this: With California being a community-property state, is he entitled to 1/2 of the insurance money my father left me?

A friend said she thought if we kept our monies separate, which we do--he has his own checking and I have my own checking--that he may not be.

Thanks for your help on this matter.

<HR></BLOCKQUOTE>

My response:

Despite the fact that California is a Community Property state, any property or money received by way of gift or bequest, or insurance proceeds as the result of death, or birthday, or donation, or anything specifically given to one, and not the other, are considered "separate property" funds and property, and are not subject to the Community Property division laws of California.

If your husband is contemplating getting a divorce, or threatening a divorce, because he believes he's entitled to half of whatever you may be receiving, then he's absolutely wrong. And, if that's one of the reasons, e.g., now that money's coming in, he'll have enough to leave, then fine, give him $500.00 bucks and kick him to the curb. In the meantime, buy that Cadillac you've always wanted, and drive by his run-down apartment a couple of times a week.

Don't worry, be happy!! He's entitled to half of what you've both accumulated for, and during, the marriage only.

IAAL



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