San Diego, CA asked in Family Law for California

Q: My wife file for divorce, can she get half of everything I have even dough she never contributed with a penny

My wife file papers for divorce. In the 23 years of marriage she has never giving me dime for anything to take care of the household. I paid for everything rent utilities vacations hoa fees, got her a $3400 diamond ring sometimes maintenance on her car, I have a retirement account and I think she wants to take me out to the cleaners. She had cheated on me for I think many years, I think my youngest son is no mine. She lived with me before we got married on the court I brought her and her son from mexico. I think she had her mind set from the very beginning to marry me to get her and her son alien cards residency and consequently citizenship in the USA. I have been unemployed for the last seven years. She works and does not contribute with anything. Do I have to split my IRA retirement account, sell the house and give her half of everything?

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1 Lawyer Answer

A: Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

The answer to your question will depend on whether the properties you refer to would be classified as community property, quasi-community property, or separate property. Any community or quasi-community property will be equally divided between you and your wife (similarly, you and your wife are equally liable for community debts). Your separate property would generally remain yours, with few exceptions, such as if you transmuted that property into community property. Your level of income and her level of income will be factors for the court to consider is order any spousal support to be paid. You should immediately consult your own attorney to protect your legal rights.

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