Am I entitled to half of the value of my ex's assets? 4 Answers as of August 05, 2011

I live in California, my husband just filed for divorce. We've been separated for 2 years. He owns or owned several cars that he bought while we were married, am I entitle to 1/2 of their value although we've been separated for 2 years? What happens if he sold them after our separation or after filing for divorce? Could I still request 1/2 of their value or half of the price he sold them for? How can I find out if he still owns them? I've asked him and he won't tell me what he did.

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Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
You are entitled to 1/2 off all community property, that is property which was acquired between the date of marriage and the date of separation. If property was sold, then you are entitled to 1/2 of the value of the property as of the date of separation or 1/2 of the amount received. You should immediately contact an attorney to file a divorce on your behalf. The attorney will be able to serve discovery on him in order to obtain this information. If he does not comply with the process, the court may force him to pay you the full value of that property.
Answer Applies to: California
Replied: 8/5/2011
Law Offices of Paul A. Eads, A.P.C.
Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
Hire a lawyer to help you locate them. As a general rule, all assets acquired during the marriage are equally divisible upon divorce.
Answer Applies to: California
Replied: 8/5/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
There is a legal presumption that property acquired between the date of marriage and date of separation is community property, with a few exceptions, such as property acquired with separate property, or as a gift or inheritance. Based on the very limited facts you've stated below, it sounds like the cars are community property. If so, then yes, you're entitled to half of any net equity in the cars. Because you can't saw a car in half to divide it equally, if he wants to keep the cars, he would need to pay you half any net equity in what is called an "equalizing payment." Another option is to simply sell the cars and then equally divide the net sales proceeds. You should consult with a local family law lawyer on how to proceed. Good luck!
Answer Applies to: California
Replied: 8/5/2011
The English Law Firm
The English Law Firm | Robert English
Assets acquired during the marriage are generally community property and you would be entitled to half of the value. If the item were sold, then you can request reimbursement for your share. In order to find out if they are still owned, you can use a process called discovery and formally request the information.
Answer Applies to: California
Replied: 8/5/2011
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