Q: I’ve been married 38 yrs. My husband has all assets in his name including bank. What do I do? Where do I start.
I have little to no money. I do not receive much social security. $400 month. My name is on our property along with his but that is all. Our property is paid off and we have no debt. My husband collects money from the V.A. Monthly plus extra because we are married. He recently had our Federal taxes deposited into his bank account saying he doesn’t need my signature and the money is his. But he files jointly with me and I have to sign the form. I have no access to cash in the bank account $40,000.00. Our assets amount to upwards of $750,000.00 of which he says I’m not entitled because I didn’t work. We’ve been married 38 yrs, I am sick so I can’t work. Am I entitled to anything? Can I get emergency money to live?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Under California law, you are entitled to a fair share of the marital assets, even if they are in your husband's name. Community property laws dictate that assets acquired during the marriage are generally considered joint property, meaning you have rights to a portion of them. This includes the $40,000 in the bank account, as well as any other assets accumulated during your 38-year marriage.
You should start by gathering all financial documents and information related to your husband's assets, including bank statements, property deeds, and tax returns. Since you are named on the property deed, you already have some leverage. Given your limited financial resources and urgent need for support, you may qualify for spousal support (alimony) and potentially an emergency order to access funds for living expenses.
To protect your rights and navigate this complex process, it’s crucial to consult with a family law attorney who can help you file for divorce and secure the financial support you need. You may be able to find legal aid services or pro bono assistance if you have little to no money. Taking these steps will ensure you receive the support and share of assets you are legally entitled to under California law.
1 user found this answer helpful
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.
