Legal Question in Family Law in California

Divorce property settlements

My husband and I began living together in 1990.

We were married in July 1994, separated in November 1997. We began building a recording business in 1990, with a $50,000.00 money wire from his father. The DBA and bank accounts for the business were in my Husbands name, he said it would be easier for tax purposes. Some of the utilities for the business were soley in my name.

I built the clientel, made equipment purchases, and worked in the studio with him daily for 8 years. Money that the studio earned went directly back into the studio to purchase more equipment. Now my husband states that I had no interest in the studio, and contributed nothing. He said that all purchases were from him father, only to him and not to us.

Also,he purchased 2 buildings 4 months after I left him, he did not show this on his assets sheet, he said it was from his father, but on the county clerks deed, it says, he was the purchaser and an unmarried man. He is still married, and our divorce is still in process. Can he lie like this on this deed? Also, do I have any rights to the building, what about a quick claim release form was I not suppose to sign this? I am getting a lot of different answers. I would greatly appreciate your comments.


Asked on 9/21/99, 2:52 pm

2 Answers from Attorneys
Jed Somit Jed Somit, Attorney at Law

Re: Divorce property settlements

You need an attorney. Your dissolution is complicated.

The business may well be entirely community property, with perhaps

some duty to repay your husband's father. This needs to be investigated,

and the business properly valued.

The issue is not the name put on the deeds, but how your husband acquired the

money to purchase the properties acquired post-separation. If the money came from

his father, then you probably have no interest in the properties, and no harm was done

by stating he is an "unmarried" man (which is meant to state that there can be no

community interest). If the money or any portion of any money used to acquire or maintain

the properties came from savings during marriage, or from the probably community business,

then a community share may be present in the properties.

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Answered on 9/22/99, 12:02 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Divorce property settlements

At the very least you have an interest in the studio's growth based on your shared labor in the business. The court can go behind how title to property is held and base a judgment on the true nature of the property.

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Answered on 9/21/99, 9:59 pm


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