Q: Do I need to update or ask my spouse if I can spend money on living arrangements?
Currently navigating a divorce in Monterey County, California. I do not live in the home with my spouse and son, I actually live in my car and sometimes sleep at my work office. Recently, I came across a homeowner willing to cut me a huge deal on rent and utilities, making it so I can have a place to call my own. The petition has been submitted, filed, and stamped - but has not been served yet. I'm not sure if, legally, I need to come to an agreement with my spouse before moving forward, or if I can move in and start paying rent without any legal backlash regarding using the finances. I am the sole provider.
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- California
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- Answered
A:
During divorce proceedings in California, all community property and finances remain subject to fiduciary duties until the divorce is finalized, even if the petition hasn't been served yet. Since you're the sole provider, you have the right to use reasonable amounts of community funds for necessary living expenses, including securing safe housing.
Moving from your car into stable housing would likely be considered a necessary expense by the court, particularly since you're currently experiencing housing insecurity. However, it's important to document all expenses and keep records of the rental agreement to demonstrate that you're making financially responsible choices. You might also want to inform your spouse of your plans through written communication, showing good faith and transparency.
While you don't technically need your spouse's permission to secure basic housing, taking steps to communicate your intentions can help prevent future legal complications. Consider sending an email or text message explaining your current living situation and your plans to rent affordable housing, keeping copies of this communication for your records. You should also discuss this with your divorce attorney if you have one, as they can provide guidance specific to your case and help protect your interests.
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