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Calif Community Property & Abandonment

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K

KVLawrence

Guest
in california is there a law that states if a spouse moves out of house he has then abandon the marriage and therefore is not entitled to his fair share of the community property?
 


I AM ALWAYS LIABLE

Senior Member
KVLawrence said:
in california is there a law that states if a spouse moves out of house he has then abandon the marriage and therefore is not entitled to his fair share of the community property?
My response:

No. Only a family law court judgment may divest the nonbankrupt spouse of his or her community interests. [Marriage of Seligman, supra, 14 Cal.App.4th at 308, 18 Cal.Rptr.2d at 214]; i.e., there is no automatic abandonment of property or a marriage until a judge says so, and makes orders concerning the property, of whatever nature.

IAAL
 

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