Is this my separate property in CA? or will I owe my soon to be ex-wife money?

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Is this my separate property in CA? or will I owe my soon to be ex-wife money?

I got married in 06, I made over S1 million in 06. We were married in Aug, my money was made through stock option BEFORE the marriage. I only made my salary for the remainder of the year (apporx. 40K more).It is very clear the stock transactions happened before the marriage and were deposited into an account opened before the marriage in ONLY my name. there has never been another deposit made to the account since the original opening.Her attorney is saying that money was made in 06 and she wants a bunch of it. I’ve spent most of it on our house and living since then what can I do?

Asked on May 30, 2009 under Family Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It sounds like you have a paper trail, but no lawyer.  Please, with that kind of money at stake, if your wife's attorney is going after it, getting a lawyer for yourself might well pay for itself easily.  You need independent counsel, with a full understanding of the facts, to get an accurate understanding of your rights and reliable advice.  One place to look for an attorney is our website, http://attorneypages.com

You wife wants a bunch of that money -- but if you can produce the paper trail, showing that money in a pre-marital bank account with no post-marriage deposits, she shouldn't be able to get it, I wouldn't think, without some fairly unusual facts.


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