Which day is considered as legal separation in a divorce, the day in which I escaped from my house?

which day is considered as legal separation in a divorce, the day in which I escaped from my house, or the day in which my ex husband received the notification that I want to get divorce?? I escaped from my house on march 15/ 2012 ,but my ex husband received the notification in july 03/ 2012. Which day is considering as legal separation for dividing assets and debts?. He withdrawal all the money from our saving account on july 5. I am asking it because we are dividing all the banks accounts and the house, and he told me that the legal day considered as separations is March 15 because after this date all the money is only his property.

Los Angeles, CA -

Attorney Answers (4)

Howard M Lewis

Howard M Lewis

Divorce / Separation Lawyer - Framingham, MA
Answered

Technically, the date of separation is the date you left the house. Do not listen to your husband regarding the money and who is entitled to it. His statements are self-serving. You need to contact local counsel who can advise you as to your rights and the proper procedure for protecting your interests. Good luck.

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Donald Frederick Conviser

Donald Frederick Conviser

Divorce / Separation Lawyer - Woodland Hills, CA
Answered

It depends on whether or not you decided that the marriage was over on the day when you "escaped" from your house. This is a factual question that may need to be determined, on the evidence, by the Judge at trial. Post-separation earnings are separate property. If there were community funds in the savings account at the time of separation (whatever the date of separation), you are entitled to 1/2 of those community funds as your community share. If your husband deposited his post-separation earnings into that account, he would be entitled to whatever funds are in that account beyond your community share, above-noted.

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Deborah Fiumera Bayus

Deborah Fiumera Bayus

Divorce / Separation Lawyer - Carlsbad, CA
Answered

When the date of separation is at issue, the court will look at many factors to determine the actual date of separation, including how the parties conducted themselves after each party's alleged separation date. Parties can actually live in the same residence and live separate and apart for purposes of separation. Since this date is at issue, you would be wise to consult with an attorney.

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Shauna Marie Albright

Shauna Marie Albright

Divorce / Separation Lawyer - Riverside, CA
Answered

The date of separation is the date that you determined that the marriage was over. This is a factual issue. If the date of separation becomes an issue, the judge will look at many factors. You have a strong argument that the date of separation is the date you escaped, especially if you did not return. Any monies in the account that were earned before the date of separation is presumed to be community property (1/2 half your money and 1/2 his money). Don't listen to him. He is wrong. You should go to the bank and order your statements to show what was in the account the day before separation and what he withdrew after the date of separation. Good luck!

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