Do I have any rights in two and a half years of marriage if I get divorce?

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Do I have any rights in two and a half years of marriage if I get divorce?

What if my husband throw me out of the house ?
Abuses me . Not fulfilll my psychosomatic needs etc

Asked on April 18, 2018 under Family Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your state is a community property state: you are (to oversimplify somewhat) entitled to 1/2 of any money earned or property (whether real estate or personal property--i.e. anything owned by the two of you that's not real estate) acquired during marriage--that is, 1/2 of the money in the bank, investments (if any), real estate, vehicles, jewlery, furniture, electronics, etc. which you and your husband earned or acquired during the last 2 1/2 years.
You may be entitled to spousal support ("alimony") as well, if your husband earned more than you and/or has more earning potential: spousal support is based on the two spouses' relative financial strength and opportunity, with the better-off spouse generally supporting the less-well-off one, at least for a few years.
You may also be able to get him to pay for your rent, etc. to live someplace else if he threw you out, while the divorce is going ahead--a spouse is *not* allowed to simply lock the other spouse out of the marital home.
You therefore have several rights and should speak to a family or divorce law attorney right away after protecting them and getting what you are entitled to.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

California is a community property state.  Community property is income, property, debt during marriage.  Each spouse has a one half interest in the community property.
Separate property is property acquired before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.
Therefore, you have a claim for one half the community property.


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