Will I get anything in our divorce? 4 Answers as of May 03, 2011

In 2005, I got married, at that moment my husband was visiting United States. After marriage he filed for green card based on marrying US citizen. First, 3 years of our marriage I was head of the house and I was supporting him. Then, 2 years ago he opened used car dealership and also, got his real estate license. Now, his business is doing better however he also bought and sold 7 houses for cash last year. Business and houses money went through his business account. I have house loan that I owe 94,000 and he has condo that is paid off. Also, I have car that I bought from him and financed through bank. We have 2 kids ages 7 mon and 2 yr (it is his kids). He didn’t file for divorce yet because I think he is waiting for citizenship but he is physically doesn’t live with me. During divorce do I get anything? We live in CA. Thank you.

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Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
Yes you can. you are entitled to 1/2 of the community property which is any property acquired during marriage. File before it is too late and he hides all of the assets.
Answer Applies to: California
Replied: 5/3/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
All earnings during marriage are community property, including the business profit. Try to arrange a free consultation from an experienced Family Law Attorney in your area. You need to trace the funds and find out where he is keeping the money. It sounds as though there is a paper trail.
Answer Applies to: California
Replied: 5/2/2011
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
The general rule is that anything bought during the marriage is community property and you are entitled to half. So, if he bought all of these assets during the marriage arguably you are entitled to half of them.
Answer Applies to: California
Replied: 5/2/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
The business and all assets purchased by the business should be community property (assuming that the startup capital was community funds). I strongly suggest getting an attorney to assist you. If you are in my area and are looking for an attorney, please contact me for a free consultation.
Answer Applies to: California
Replied: 5/2/2011
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