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Question: Divorce, Marriage, Alimony - California

Asked on 8/18/2009
profits from sole and separate property
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.

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Answers (2):

M.D., Member in Good Standing of the California and New York Bar


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. 



  • Answered on 8/18/2009
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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.



  • Answered on 8/18/2009
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