I’ve asked a similar question prior, but I’d like to make it more specific. To sum it up, my mom has caused the downfall of their marriage of 20 years, she’s been having many affairs with other MARRIED GUYS for who knows how long. We recently found out, We have all the evidence, married women would contact my dad on Facebook. My mom has taken all of my dads finances to the point we are now all struggling as a family. My parents are married in the US and have been working on their retiremen house in the Philippines for many years, it’s nearly done. My mom apparently has been putting all ownership deeds under her name only, my dad would like to sue her for all of the financial downfalls/bankruptcies my mom has dragged him into. Is my dad able to use the property in the Philippines as an asset even though his name were never on the deeds, but the house was mainly funded by my dad? My dad gave all financial support for their yearly taxes, my dad found out she hasn’t been paying ANY of my dads taxes for more than a decade, he’s now in trouble for that. My mom would only pay her taxes and keep the rest for herself. (This is one of the many things she’s been doing to ruin my dad).
Any money earned by a married couple who reside in California is presumptively community property (i.e. joint income).
Any assets purchased during this California-residing couple's marriage is presumptively community property, as well.
If the property is in the Philippines, then the California court cannot make orders as to who gets it or what happens to it, but the California court CAN decide that "Since wife has this house in the Philippines and it is worth $XXX, then husband gets other assets that are here in California to OFFSET that."
Please, please, please have your dad consult with an experienced family law attorney. This is far to complex and fact-specific to be addressed through internet chats.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
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