Legal Question in Family Law in California

I am getting divorced. During our marriage, my wife gave her mother money every month to help pay her mortgage. She did this for a couple years before I learned about it. The money was community property. There was no written agreement between them and the payment was a simple online bill payment to her personally. Am I entitled to any of the money? It seems to me this "mortgage fund" may be a separate property paid for from community property funds.


Asked on 8/24/10, 10:18 am

1 Answer from Attorneys

Until you separate, file and serve the divorce papers, each spouse is free to make gifts of community funds. Your wife did not get anything for these payments, so there is no "mortgage fund" to belong to the community.

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Answered on 8/29/10, 4:59 pm


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