In what circumstances will a husband have to pay his wife's attorney's fees in order to divide the community property?
California, United States of America
The following excerpt is from Marriage of Jafeman, In re, 105 Cal.Rptr. 483, 29 Cal.App.3d 244 (Cal. App. 1972):
In Weinberg v. Weinberg, 67 Cal.2d 557, 63 Cal.Rptr. 13, 432 P.2d 709, decided prior to the passage of the Family Law Act, both parties were awarded a divorce and thus the court was required to divide the community property equally. The court ordered that the husband pay the legal fees out of his separate property. The husband contended that these fees should have been charged against the community property before it was distributed. In rejecting this contention the reviewing court held that under former section 137.3 the trial court had discretion to order the payment of attorney's fees in such amount as may be reasonably necessary without regard to the available sources. (At p. 571, 63 Cal.Rptr.
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