Legal Question in Family Law in California

I have been with my husband since 1974. We were divorced for approximately 2 years then remarried. In the settlement we split the property, but now that we are remarried, I have been told that what ever property we came into the marriage with is now both our property, even thought my name is not on the title, is this correct in California Law


Asked on 3/04/10, 1:51 pm

2 Answers from Attorneys

No, not exactly. The property split in the divorce made the property each of you got your respective separate property. When you remarried, that property remained separate property. Separate property, however, can be converted to community property, or quasi-community property, or separate property with a community claim to partial reimbursement, in a variety of ways. Many times the conversion is not intentional, while other times it must be clearly intentional. You don't say how long it has been since you remarried, but it sounds like it may have been 30 years or more. In that amount of time much of your separate property has probably gone through one or another form of conversion. Only by sitting down with a family law attorney and going over the financial history of your marriage would it be possible to come up with an evaluation of what property remains the separate property of either of you.

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Answered on 3/09/10, 2:20 pm
Gary R. White Burton & White

I agree with the prior answer. However, a knowledgeable attorney would need to look at the assets acquired prior to the divorce and remarriage and the specifics of the marital settlement agreement and judgment to give specific advice.

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Answered on 3/09/10, 2:46 pm


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