Q: I married my partner in 2009 in Massachusetts we moved to California the same year he then left. Is the law 50/50?
At the time he left he owed me 20k which he said he would pay me and never did if I file can I get that money back?
A:
Out of state marriages are usually enforceable in California; primarily because California's laws are very liberal and confirms out of state marriages that were valid in the foreign state.
That being said, California is a community property state where the effect is earnings and accumulations that occur after the date of marriage are community property, as well as debts incurred after the date of marriage.
You do not provide enough facts to assess whether the $20k he owes you is actually owed. If the money was from savings that you accumulated prior to marriage it is separate property and he may owe you the entire amount, based upon your limited representation. If the $20k came from earnings during the marriage then he may claim he only owes you 50% or $10k. Facts concerning the reason he borrowed the money are important on this issue. i.e whether money was used to pay community debt, his debts during marriage, his debts prior to marriage.
Based upon facts presented I assume you are still married. It is odd that you did not mention whether or not you are seeking a divorce, or already have a divorce. Those facts are also important in answering your question.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
