Legal Question in Family Law in California
My fiance walked out on me and the mortgage, she was not on the house but she left. She took the bed half the money in the bank account and the laptop computer which was $2200, we bought together, she took the kitchen table. I canceled the honeymoon and she wants half the money four months later. She left me in June and I just received the money from the canceled honeymoon and she wants half. The money did come out of our joint account but I had a $4500 tax return when we paid for the honeymoon in full. The honeymoon was around $4800. Is she entitled to this money? She walked away from a $200,000 mortgage without much notice. Maybe a couple weeks. The honeymoon was in my name and she was considered a guest and now she is threatening to sue me for half the canceled honeymoon money. If she could win could I counter sue for the laptop and the bed?
3 Answers from Attorneys
By not making it to the alter, you two have no clear cut legal rights that don't depend entirely on the details of each transaction. If she was not on title to the house and not a co-borrower on the mortgage, then that drops out of the picture. On everything else you're just going to have to go to small claims court and tell it to the judge.
I doubt she would be a borrower on the loan, if she was not on title. Institutional lenders don't like to have deeds of trust executed by less than all of the owners on record title.
She is not entitled to any of the refund unless her money went into the payment originally. Furthermore, anything she might be entitled to at this point would be subject to a set off against the value of the property she took when she left. (By the way it appears that you escaped this woman just in time).
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