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What should I do to protect the community asset in a divorce.

San Mateo, CA |

My husband is filing for divorce, he has pocketed away a lot cash before the divorce.He is using it to visit and support the woman he's having an affair with and her child.How can I protect that part of asset and asking for access to those money? The money is in a cash stock fund and under his name and he used to claim that the money was an educational fund for our child which of course he lied about that.

Attorney Answers 3

  1. Hire a local divorce attorney ASAP. CA is a "community property" state, which means that all property (including cash, etc.) acquired during marriage is presumed to belong to both spouses equally. You should be entitled to an equal split of that pocketed cash that he placed in a stock fund.

    DISCLAIMER: My reply does not constitute legal advice or establish an attorney-client relationship. I am licensed to practice law in California.

  2. I agree with counsel. You need to consult with an experienced divorce attorney for assistance with this. Please see the link below to read about the differences between separate and community property. Best of luck.

  3. California law treats married couples like business partners who have fiduciary obligations to each other. When one spouse does any finical dealings without the other spouse's knowledge and approval, they could be deemed to have breached their fiduciary obligation to the other spouse. You can file a temporary property restraining order and have his account frozen and also claim a breach of fiduciary obligation claim. If you later prevail you may be able to recoup 50-100% of funds he expended as well as your attorney fees. I would suggest you consult with a family law specialist.

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