community property

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Bcareful

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My husband and I are retired and have been married 15 yrs. We each have a home that was purchased before we married but we both live in mine....it is "our house" although in a trust for my kids. I pay the mortgage here and all house bills. My husband pays the mortgage and house bills for his house 12 miles away...where no one lives. He refuses to have a renter there and says he can't afford to pay toward the bills here since he pays the bills there. He receives $4,200 per month pension and SS, both starting after we married. I receive $1,100 per mo. pension and SS and have to draw savings (from a small inheritance) each mo. to meet the bills. He saves about $2,500 per month in an account with only his name and tells me that none of it is community property. He says he plans to give everything to his sons when he dies, stating that I have enough already. He has liver and kidney disease since 3 yrs. ago and his health slowly declines...he will one day die. All these yrs. of marital money has been going into his house and savings...and I am worried that when he dies I will have not be able to recover my half of it. What will be my legal options to recover any marital income from the house 12 miles away and the savings account, if he dies??
(there is no beneficiary on the account. His house is not in a proper trust for anyone. He has refinanced twice without my knowledge and forged my name on the paperwork page to "opt out".
 
My husband and I are retired and have been married 15 yrs. We each have a home that was purchased before we married but we both live in mine....it is "our house" although in a trust for my kids. I pay the mortgage here and all house bills. My husband pays the mortgage and house bills for his house 12 miles away...where no one lives. He refuses to have a renter there and says he can't afford to pay toward the bills here since he pays the bills there. He receives $4,200 per month pension and SS, both starting after we married. I receive $1,100 per mo. pension and SS and have to draw savings (from a small inheritance) each mo. to meet the bills. He saves about $2,500 per month in an account with only his name and tells me that none of it is community property. He says he plans to give everything to his sons when he dies, stating that I have enough already. He has liver and kidney disease since 3 yrs. ago and his health slowly declines...he will one day die. All these yrs. of marital money has been going into his house and savings...and I am worried that when he dies I will have not be able to recover my half of it. What will be my legal options to recover any marital income from the house 12 miles away and the savings account, if he dies??
(there is no beneficiary on the account. His house is not in a proper trust for anyone. He has refinanced twice without my knowledge and forged my name on the paperwork page to "opt out".


If this really bothers you, divorce him.

I suggest you consult with an divorce attorney in your county and confirm some very startling and disquieting facts.

If he dies before that happens (or you choose not to do it), his house goes to whomever he bequeaths.

But, why would you care?

You have your home, right?

That said, why not move to his house?

You can ask him to leave your home.

By the way, your claim against his pension or social security (as would his against yours) would likely go unrequited.
 
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