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Question: Divorce, Marriage, Alimony - California

Asked on 10/7/2009
Sale and distribution of assets of residence
My spouse purchased our home prior to our marriage. He put me on the deed in 1995. Can I use our separation date for purposes of determining my equity. Can you explain how to figure my portion of the equity based on CA law and not having purchased the house jointly? 2. What is the formula for determining military retirement distribution? 3. How do I protect survivor benefits of retirement, would a life insurance policy take care of that?

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Answers (1):

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Your questions are too complex to respond by posting.  The spouse that originally had the home is entitled to reimbursement of the value of the equity at the time of the deed to make it joint title.  There are other factors also.  The house probably would be valued at time of trial not separation, since it is now a community home.   The military has booklets that they distribute.  I believe the community would share the benefits if a threshold number of years are met.

Gerard A Fierro

www.fierrofamilylaw.com



  • Answered on 10/22/2009
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