Legal Question in Family Law in California

my wife of 15 years ( not legally married ) recieved some money as and inherit. she been out of the country 14 months I've been supporting her emotionally and mentally now she want to seperate. can I sue for my part in this. we have 2 kids that I've been taking care of since shes been overthere.


Asked on 2/22/10, 5:38 pm

1 Answer from Attorneys

Marcia S Wertenberger Marcia S. Wertenberger, Esq.

Well, you can't separate without being married! So I am assuming she wants to end your relationship - correct? You have a hybrid quetion here - family law and probate law.

First, regardless of the circumstances, if she was left money or property in a will or trust or even just becasue she was related to the person who died - you have no claim -married or not - as inheritence is the separate property of the person whom it was left to.

I am anwering this as if you are in california and are together in california from the beginning - as laws are different in many states. Also, I think when you say "shes been overthere" - maybe you are talking about a person in the military??? This can also throw a loop into this reply - if this is the case - you need to make an appointment with the Judge Advocate office at the nearest installation and get answers - they may be different based on military law - you need to find this out ASAP!

OK - bottom line is - you are DAD right? you are responsible for supporting your kids as is she - you do not say she has financially supported you or kids - but you want to place a dollar value on emotional and mental support??? Sorry for the reality check but there is no legal value to this. There is a legal value for child support though, and if she is not sending home money to pay for spport - you need to immediately file with the counth you are in. Most Superior courts in CA hav famly law advisors that can help or free - or go onine andlook t up yourself - either way you need an order in effect ASAP. There will be some complications if she is in the miliary but ou need to ask about that in person. One more thing is to make sure your kids are ot entitled to any of the inheritance or you for that matter - you have to contact a person to get you the correct info though

Good luck.

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Answered on 2/27/10, 6:21 pm


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