Legal Question in Family Law in California

I am getting divorced in Orange County, California. My wife and I borrowed

$100,000 equity line against our house and invested the money our small

business. The house was mine before the marriage and we do not have any kids together. Assuming I am awarded the house, who is responible for the loan balance?

Thank you,

Craig


Asked on 9/30/09, 3:28 pm

2 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

That's quite an assumption as she may has a community property interest in the house because you probably have spent time and effort earning income that went to the mortgage. As there is substantial sums here, protect your interst and get represented. Contact me directly. 20 years experience.

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Answered on 9/30/09, 5:49 pm

Once again, Ocean Beach weighs in with scare tactics to get a call. If the house is in your name only, it's a pretty safe bet you get to keep it. Not guaranteed 100%, but pretty safe bet.

The answer to your question, however, is a bit complicated and depends on facts you haven't given us. It will also depend in part on what happens to the business and what form the business is in, and how the loan to the business was handled. What will happen to the loan balance will depend on all the other assets and debts you have jointly and quasi-community interests. You will have to establish the value of all community, quasi-community and separate property rights in all assets and debts, and then negotiate a 50/50 split of those amounts that are community property, or let a judge make the split (bad idea).

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Answered on 9/30/09, 7:40 pm


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