Monday, 6 January 2014

My husband filed for divorce on July 29, 2014. We currently have temporary orders in the making. My question is, if I came across an item (a...

Question

My husband filed for divorce on July 29, 2014. We currently have temporary orders in the making. My question is, if I came across an item (after the filed date), is this still considered community property that we have to split (because we are technically still married) or is it solely mine because I obtained it after the file date? The item was not a gift or purchased.



Answer

Technically anything acquired during the marriage (and you are still married) is community property. Of course, everything in the divorce is negotiable - debts and assets. You need an attorney to assist you. I'm not sure what you mean by "I came across an item" -- did you buy it? It was not a gift - that would be separate property. I encourage you to talk to an attorney.

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