On November 15, 2006, we learned it is okay for your spouse to use community funds to pay your mother-in-law’s expenses even if you haven’t given your consent. This is the holding of the recent case, In re Marriage of Leni (which said the husband did not have to reimburse the wife $12,000 . . . yet. The case was remanded. This means there will be further proceedings at the trial court.) California, like many other states, has a law which requires adult children to support their indigent parents. It’s been on the books since 1872! And, Penal Code Section 270c makes it a misdemeanor for an adult child, who has the means, to fail to provide “necessary food, clothing, shelter or medical attendance for an indigent parent.” This case has been called “a big win for elder care advocates” by Glee Scully, a professor at the McGeorge School of Law.You can read the article at the Sacramento Bee website. (You may have to register, but it’s free and fast): Bee Article or as an opinion at CourtInfo.ca.gov.

Here’s the first line of the court’s decision: “During the 17 years it took the Lenis to end their 25-year marriage, they sold one house, split the proceeds, and bought another one.” Who knew the process could take that long? These people were married in 1977 and separated eight years later when the wife filed her first petition for dissolution. They reconciled and the second divorce petition was filed in 1992. It appears the case hung around the courthouse for 12 years until the Lenis participated in 2 trials in May and December 2004. The husband appealed and nearly 2 years after the second trial the appellate court issued its opinion; remanding the case back to the trial court where the husband will now have an opportunity to demonstrate that the funds were actually used to support his mother. Thus, the saga continues . . . .