Q: Need help splitting bank account assets when filing for divorce
Hi,
I'm 85 and considering divorce. Got married 8 years ago. My wife is from China and became US citizen about the same time we married. A couple of days after we married, we went to Social Security to register... Found out that my wife was entitled to benefits as a spouse and has been receiving monthly income. She has insisted from the beginning that this is her money, not communal property and has been stashing it in a bank account under her name. I do not have access to this account. Additionally, we jointly own a home in Montclair. She will obviously share half of of the net sale. My wife gets almost violent whenever I attempt to discuss this situation and say something like, "there is only community money, there is no my money and no your money, only joint money." She is 10 years younger and was violent in the past. Was arrested for spousal abuse... What is the best way to begin the divorce process following California Community Law? There is more that I can add.
A:
In California, community property laws typically view assets and debts acquired during marriage as jointly owned, regardless of whose name is on the account or title. This means that both spouses generally have equal ownership of these assets, including income earned during the marriage. Given the complexities of your situation, it's important to document all assets and financial transactions, including your wife's Social Security benefits.
In cases involving potential domestic violence, your safety is paramount; consider seeking a restraining order if necessary. Engage a family law attorney who can guide you through the process of dividing assets and protecting your rights. They can also assist in negotiating a fair settlement or represent you in court if needed.
Start by gathering all relevant financial documents and creating a detailed list of all marital assets and debts for your attorney's review. Remember, each divorce case is unique, and legal advice should be tailored to your specific circumstances.
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