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  1. #1

    Question Property Division in Divorce After Long Separation, in California

    My mother and father were married for 25 yrs and have been seperated for about 8 yrs.They are both just now serious about filing for divorce. There is a house belonging to both however my mother has not lived there or contributed to the house payments for the 8 years they've been seperated. My father is retired and so is my mother. My father would much rather come to an agreement with her and settle things out of court, however he's not sure exactly how the law's work in such a case. Can there be a fair result in this situation? How much would she be entitled to, considering they've been seperated for such a long period of time. Any help or advice would be appreciated. Thanks.

  2. #2
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    Default Re: Property Division in Divorce After Long Separation, in California

    You don't think they will be able to agree to a fair division of their assets, such as "we each get what's currently in our own possession", and are going to make a court decide these issues?

  3. #3
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    Default Re: Property Division in Divorce After Long Separation, in California

    Right - after being separated for 8 yrs., you would think they would just "leave things as is" though, of course, we don't have complete info re assets, etc.

  4. #4
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    Default Re: Property Division in Divorce After Long Separation, in California

    When the parties want to litigate over these matters, particularly in a community property state, things get complicated. If mom is being unreasonable, dad needs to get a good lawyer. Then they can waste the money they would otherwise simply keep in their bank accounts, such that they both end up with less money than they would have if they simply agreed to a "what's in your possession is yours, what's in my possession is mine"-type settlement.

  5. #5

    Default Re: Property Division in Divorce After Long Separation, in California

    The question is: what is fair and if they went to court what would be decided by the court? My guess is that in my state, they would go back to the date of separation and determine the equity in the house at that time. Then the husband would retroactively buy out the wife's 50% interest in the house---seems fair and just? Like I said this is a suggestion, for stronger info consult an attorney....

  6. #6
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    Michigan
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    Default Re: Property Division in Divorce After Long Separation, in California

    Generally speaking, California courts attempt to impose a 50/50 split.

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