Legal Question in Family Law in California

Re: divorce

He will likely have a claim on a portion of the increase in value in the Colorado home and business and the California home during the time you were married. Whatever money each of you put into the California home you will each likely get back. The judge will likely take into consideration the back child support payments in dividing the assets and debts.

Re: divorce

If the primary marriage residence has been in California, which it sounds like it has, California is probably where you should file the dissolution. Under California law, without additional facts, he will be entitled to no increase in the value of the home. He MAY be entitled to a portion of the increase in the value of the business in Colorado, if any, but only if you have not been taking out the profit of the business, but leaving it in the business to accumulate more value. That business issue is a complex issue that will require many more questions and answers to render an opinion. It sounds like the California home is community property but you will be entitled to reimbursement of your separate property contribution to the acquisition of the property, not as difficult a question as the issue of the business, but it will still require some legal advice. This is not one that you want to proceed on without competent legal advice, you have some complex, but not difficult legal issues to be addressed. Good Luck, Pat McCrary