Basically, each spouse automatically owns half of what either one earned during the marriage, unless they have a written agreement to the contrary. Each spouse can do whatever he or she likes with his or her own half-share of the community property and with his or her separate property. Read more
In California, each spouse or partner owns one-half of the community property. And, each spouse or partner is responsible for one-half of the debt. Community property and community debts are usually divided equally. You may have more community property than you realize.
Because California law views both spouses as one party rather than two, marital assets and debts are split 50/50 between the couple, unless they can agree on another arrangement.
California Community Property Law: "The 10 Years Rule"
In California, a marriage that lasts under 10 years will have a set duration of alimony, which is typically half the length of the marriage. If a marriage lasted 10 years or longer, then there is no set time limit on spousal support.
Under California's community property laws, assets and debts spouses acquire during marriage belong equally to both of them, and they must divide them equally in a divorce.
California is one of a handful of states in which there are special spousal support rules for marriages of 10 years or longer. If you earn less than your spouse, and you have been married for at least ten years, you have the right to be paid alimony for as long as it is needed and for as long as your spouse can pay.
Whether or not you contributed equally to the purchase of your house or not, or one or both of your names are on the deeds, you are both entitled to stay in your home until you make an agreement between yourselves or the court comes to a decision.
A big reason to keep the house is to provide stability for your children. They are always the innocent victims of a divorce, unable to control their destinies until they are older, but still intimately impacted by you and your spouse's failures as husband and wife.
A marriage contract is a binding contract in more ways than one. ... During your marriage, you probably made financial decisions based on your combined income–and so did your wife. As a result, when the time comes to divorce, the two of you must divide your assets and shared debts equitably.
California law (Family Code Section 4336(a)) says that where a marriage is "of long duration," the court "retains jurisdiction" indefinitely after the divorce is completed, unless the spouses agree otherwise. ... The order also ends the court's jurisdiction after three years.
In most states, money in separate bank accounts is considered marital property, or property acquired during a marriage. About 10 states operate under community property laws, meaning that any property — money, cars, houses, etc. — acquired during the marriage belongs to both spouses.
Men are more than twice as likely to suffer from post-divorce depression than women. Anxiety and hypertension are common in men after divorce, which can result in substance abuse and in the worst cases, suicide. Ten divorced men commit suicide in the U.S. each day.
During a divorce, fathers' rights include: Being involved in his children's lives, interacting with them, and spending time with them. Having equal say in important decisions regarding children, such as where they live or which religion they practice. ... Disciplining the children.
Getting a divorce is never easy, and couples who are separating may experience stress while wondering how their assets will be split. ... You're entitled to half of everything in your divorce, but it's up to you and your spouse to work together on listing out what you want to divide.
Under California Community Property Law, the short answer is likely YES, even if your spouse was never added to title. This may seem surprising to you, but this result is based on the general premise of California Community Property Law that anything earned by either party during marriage is 100% community property.
Real estate owned prior to marriage remains separate property. ... If your name is not on your home's title for these reasons, you would not own the home; neither would you be held responsible for loan repayment or any other lien placed on the property, even if it resulted in foreclosure.
If you're in the process of filing for divorce, you may be entitled to, or obligated to pay, temporary alimony while legally separated. In many instances, one spouse may be entitled to temporary support during the legal separation to pay for essential monthly expenses such as housing, food and other necessities.
Separation usually occurs when one party moves out of the marital home with no intent to return to the marriage. When that occurs, the spouse remaining has certain rights and protections, as does the spouse moving out.
In 9 US states, a divorce could mean losing half of everything you own. ... If you're unable to decide how to divide your assets during a divorce, the courts will do it for you. Most US states observe equitable distribution, meaning all property acquired during the marriage is divided fairly at a judge's discretion.
In most divorces, the marital home is a couple's biggest asset. It's also the center of family life and often serves as an anchor for families with minor children. If a judge determines that the marital home is one spouse's separate property, the solution is simple: the spouse who owns it, gets it.
You do not have to move out just because your spouse tells you that he/she wants you to leave. Both parties have a right to stay in the home. ... This means that if you and your spouse cannot agree as to who will live where while the divorce is pending, the judge will make a temporary decision for you.
They concluded that stress leads to higher levels of inflammation in women. Women also tend to experience that stress longer than men because after the divorce they tend to take more time before remarrying as well as suffer harder financial hits. Effects other than heart attacks are pretty much the same as men.
While some may be happier after a divorce, research indicates most adults that divorce have lower levels of happiness and more psychological distress compared to married individuals. Divorce can bring up new conflicts between couples that cause more tension than when they were married.