Oakland, CA asked in Divorce for California

Q: My husband and I have been separated for 5 years. We are just now going through the divorce process. I retired in 2016.

I transferred my retirement account into an IRA in my name only about a year ago. My husband signed and had notorized the spousal consent forms to do this. Is that money considered community property? Can he come after half as he claims he will do? He knew the account was in my name only.

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1 Lawyer Answer
Lorna M. Jaynes
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Answered
  • Palo Alto, CA
  • Licensed in California

A: Assuming the funds in the IRA were acquired through your efforts during your marriage it is community property.

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