Getting divorced can easily feel like a one-way ticket into The Twilight Zone. You thought you knew someone only to see a whole other side of them, and other, even darker sides may be coming out. With the relationship coming to an end, your spouse may be acting in ways that you never suspected or picked up on. And it’s easy to get paranoid about whether you can trust them right at the time you are entering into what is likely a financially precarious or at least uncertain time. Is your spouse stealing from you? It can be hard to tell, but here a few things to keep in mind during the California divorce process.
You Have a Right in ALL Community Property
First off, it is critical to understand the difference between separate property and community property in California. Separate property is the property you came into the marriage with, or received individually as a gift or inheritance. Each spouse does have a right to their own separate property and may take it with them at the outset.
Community property, on the other hand, is all property that either spouse earned or acquired during the marriage. Thus, even if your spouse was the only earner in the family, and everything you and your spouse earned was purchased with those earnings, it is all considered community property. What that means is that neither property can claim sole ownership of it prior to a judge ordering a distribution of property in your final divorce order.
Obviously, both spouses will need to have use of community property such as furniture and vehicles during the time of the divorce, but neither can claim it as their own or dispose of it, give it away, lend it, hide it, or sell it without the other’s consent. Simply explaining that this is the law in California to your spouse may be helpful to avoid improper theft of what is rightfully yours.
Keep an Inventory of All Property
One important way to prevent your spouse from stealing property and getting away with it is to make sure you have a full inventory of all the property you own. This includes tangible property such as furniture, electronics, jewelry, and dishes as well as financial holdings, including savings accounts, retirement accounts, mutual funds and stocks, and any other assets.
It may be useful to create this inventory together at the very outset of divorce discussions so that you can both be on the same page about what all property you own, where it is located, and who has a right to use it in the meantime while you pursue your divorce.
Consider a Restraining Order If Need Be
If your spouse is not listening to reason and is still attempting to take your property from where you are living, you may consider obtaining a restraining order to prevent your spouse from coming on to your residence or otherwise doing anything that would affect you or your property.
An experienced family law attorney can help you obtain a restraining order quickly to protect you and your property while helping to enforce the order as well.
Contact a California Family Law Attorney Immediately
With all of the above strategies and concerns, it is important to have a knowledgeable, experienced California family law attorney on your side who can zealously fight for your interests while protecting you from a spouse who refuses to respect your rights.
Your spouse will be held to account in front of a family law judge for all violations of your rights, and a family law attorney can help you protect those rights now by communicating to your spouse on your behalf and presenting all violations of your rights to the court.
For any questions on family law in California, contact the Law Office of Kelley C. Finan today to schedule a consultation to discuss your circumstances.