Legal Question in Family Law in California
Were getting a divorce. I took out a heloc against my personal property as a down payment for a new home. My husband refused to add my name to the title of the new home, as promised. 4yrs later, he has short sold the home and left me with the heloc in my sole name to repay. aAe there any laws supporting him having to assume 1/2 of the heloc repayment? Im desperate for help. COURT DOESNT SEEM SO PROMISING...!
2 Answers from Attorneys
Yes, if you incurred the debt during marriage he is responsible for one half the payment - assuming no complications from a prenup. Getting him to be responsible for the whole debt is a stretch at best - as a separate property contribution to community property can normally only be reimbursed to the extent that there is profit from the sale of the community property.
Consult, in person, with a family law attorney to get specific legal advice about your rights. Do so immediately, otherwise you risk losing that which you might otherwise be entitled to receive.
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