Q: My husband sold his house the owned during our marriage and put it in a joint checking account. My husband retired me?
If my husband put me on the deed during the sale. He got the money and put it in a joint checking. He retired me and I did not work. I found and bought great assets at action and we share a house. He is abusive and now the lawyer says that everything we bought with that money is his. I would have contributed but he did not allow me to work. is it comingling
A:
In California, assets acquired during a marriage are typically considered community property, meaning they are owned equally by both spouses. When your husband sold his house and placed the proceeds in a joint checking account, which was then used to purchase assets, this action likely constitutes commingling of funds. Commingle means that separate property (the proceeds from the house he owned before marriage) has been mixed with community property (the joint checking account), potentially changing its character to community property.
The fact that you were added to the deed during the sale and that the money was deposited into a joint account suggests an intention to treat the proceeds as marital assets. Furthermore, contributions to the marriage, whether financial or otherwise (such as managing the household or supporting your partner’s career), are recognized under California law when determining the division of assets.
Given the complexity of your situation, especially with the claims of exclusivity over assets purchased with commingled funds, it would be wise to consult with a legal professional who can assess the details of your case. They can provide guidance on your rights and potential claims to these assets, particularly in the context of divorce or separation proceedings. Remember, each party's contribution to the marriage, not just financial, is considered in the division of assets.
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