Need to know about california law

[shellyshere]

I have been married for 16 yrs . we are getting divoriced because he cheated on me. What are my right if we bought a house while married but i am not on it. also he has stocks and a savings acct in his name only can i still have that also. he also is in the military am i entitled to half of that. i was a stay at home mom so i didnt work for the time of the marriage. so i was unable to contribute that way but i did take care of our kids and household. so i guess my ? is even though i am not on any of the stuff am i still entitled to half?
thanks
shelly

 

[jacksgal]

Ca is a community property state. This means all assets and debts aquired during marriage belong to both parties. Its not quite that simple though. You really need an Attorney

 

[irish223]

I'm adding this post by OP from her other thread to this thread just to keep things straight!

declaration regarding community and qusai -community assets and debts as currently known then he has there is no such assets or debts subject to disposition by court in this proceeding is checked

I assume you're looking at form FL-170. If I'm reading it correctly, he is trying to push an uncontested divorce through the courts while claiming that you have NO community property! As Jacksgal told you, that's not true! You will have to respond to this, and you should not go along with it. Again, as Jacksgal said, GET AN ATTORNEY!

I'm also curious about how he answered the other questions, if you feel like sharing, especially regarding the children.

 

[shellyshere]

he has it where it says legal custody joint and physical is joint also and it is form fl100

 

[irish223]

Please, go see an attorney before you do anything. It's possible that he wants to divide the assets yourselves, outside of court, since he didn't list them as separate property. However, I think it's in your best interests to get a consult with an attorney about it.

Good luck.

 

[Mandolina]

i agree with everyone else that you should see an attorney, but as far as the military side, you are entitled to half of his retirement and pension if you have been married for more than ten years. you will probably need to speak to someone that can help with this from a military stand point on base. If he was in the navy you can usually go and talk to someone at the Fleet and Family Support Center for answers or a referral to someone with Navy Legal.