I have been married for 5 years and have no kids . I have been undergoing economic and emotional control issues and abuse since last last 5 years . Since the beginning of the marriage I have been undergoing a mental harassment by way of constant name callings , restrictions about going out of the house , I underwent the abuse not only by my husband but even when my in laws visit us from india . When during one such visit from my In laws we bought a house in 2014 and I was forced to sign the consent to forgo any right on the property and I was made to sign it under duress . Eventually once I started working I was constantly forced and abused to put my earning in joint account that was used for mortgage and other bill payment when My husband who earns more then me only put a small amount and the rest of his earning went to his personal account that I do not have access to . Eventually my husband wiped clean all the money from our joint account with out my knowledge or consent and is refusing to return the money .Threatening me and my family in various ways and leaving me stranded .
Upon arrival in United states he has continued with the same kind of behavior making the environment in the house hostile to live in .When I tried talking to him , he was evading the conversation and also trying to push me away at that point I tried stopping him and hold his had from pushing me and evading the conversation .At which point he went down to the Fremont police department and got the cops to our place an they asked us to stay apart fro that night after which I have been staying with my friends and he is staying at the house .
I seek legal counsel to understand the law and gauge my options in legal aspect .
Really appreciate your time and efforts .
1 Answer from Attorneys
I am uncertain what occurred in India and what occurred in California. Fact situations such as yours are common. In California all property obtained during the marriage is presumed to be community property. That is each of you own 1/2 of the property, which includes money from wages. If you wish to discuss the facts of your case you may call Ginny Bedi at 408-298-8262.