Will I be entitled to my husband's savings after marriage in a default judgement? 5 Answers as of December 05, 2011

You are entitled to everything the two of you acquired during marriage except things acquired by gift or inheritance. Anything either one of you acquires after separation is that person's separate property and not subject to division by the court. The only exception to this rule is where the acquisition after separation is from something that the two of you acquired during marriage and is community property. It doesn't matter if it is a default or non-default judgment. You just need to inform the court of the extent of your assets and debts, when and how they were acquired and how you want them divided. The court will make an order which substantially divides the community property even if the other side is not in the case.

If the savings was accumulated during the marriage, you would be entitled to your 1/2 interest in the savings plan.

You are entitled to claim your 50% community share of savings in your husband's account at the time of separation, but you will have to subpoena the bank records that reflect that amount, to present to the Court at the default hearing, in order to get your share awarded to you.

You are entitled to half of all community assets. If the savings account is a community asset, then you'll need to declare it as part of the default process before a judge can issue an order regarding what property is yours. Call a family law lawyer to learn your rights and the process of completing a default case.

If the savings were earned during the marriage then you are entitled to 1/2 of those assets. You need to ask the court to order a specific release of those funds as well as a return date before the judge to monitor husbands compliance with the order to divide the savings.