profits from sole and separate property

Question Details: if he has property before we are married but makesprofits from that commercial property for 10 years. Do I have any rights to those profits? He tried to get me to sign some papers 7 years ago stating that I have no rights to it but I did not sign them because I was just learning English and did not understand what he wanted me to sign. Now he wants to leave me destitute.

Asked 8/18/2009 under Divorce, Marriage, Alimony | 425 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

Barry Besser / Barry I. Besser, Law Offices of Answered 2 years ago | Contributor with 0 answers This attorney is licensed in California

With certain exceptions, all rents, and profits from separate property remain separate property, unless they are comingled with community property funds, i.e.: a community bank account.  As far as whether there is a community interest in his separate property asset, that is a possibility, but more facts would be needed.

Even though he owned the business prior to your marriage, in California, the non-owner spouse may possibly get a piece of the business based on the length of the marriage and other factors.  it depends on the circumstances.  

Right now you need to consult with a divorce attorney in your area.  You have rights and an attorney will help you to protect them.

Best of luck. 

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