Legal Question in Family Law in California
Took advantage of a blank check!
My mother wrote a blank check for my father thinking he needed some money for a house he will build and that she obtained a loan for. He never came home and 125K was removed from the line of credit. A few days later he sent a letter dictating that she would keep the house she lives in worth 700 to 900K with 500K debt. He would take 200K property and 125K cash free and clear and she has to sign deed of lot over to him. He has made no mention of paying installments for any debt as he has not held a job steady for 30 years. Any advancements they made would have been because of her credit. She is devastated having been taken by suprise never thinking he would do this. He also claims he is filing a restraining order against her. Is it theft or embezzlement to raid a bank account like that especially since it is only a line of credit and my mother will have to pay for it? Can he also file a restraining order against her even though their is no evidence of abuse? Thirdly he has stored a car in my garage can I hold it from him at my mothers request?
1 Answer from Attorneys
Re: Took advantage of a blank check!
Bottom line is that both spouses are entitled to use and or dispose of community property without the permission of the other under most circumstances. However, something does not smell right with the fact pattern you describe. Unfortunately, I cannot opine more without knowing more information about the case. If you are in Southern California I would be more than happy to give you a consultation.
On the issue of the car, your father could simply report it as being stolen. If I were you, I would recommend to your mother that she retain an attorney immediatley so that this mess can be sorted out. If your father wants his car back, you could demand a fee for storage, but most likely in the absence of a written agreement between you and him, you would have to give him the car. The police go by who is on the pink slip!!
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