Legal Question in Family Law in California
My husband of 21 years and I currently live in a house in Southern California. My mother gave me $150 thousand dollars to put toward the donpayment on the house when we moved in. I am filing for divorce and understand that California is a 50-50 state. I want to know if I am entitled to recoup the $150 thousand dollars from the sale of the house to return to my mother and then split the remaining profit with my husband -- or is he entitled to a 50-50 split of the sale without any repayment to my mom? tx.
1 Answer from Attorneys
Excellent question and one you may well have to litigate. The issue will be wether the money from mom was a gift to you, gift to both of you, or a loan, AT THE TIME IT WAS GIVEN. If, like most people, you never really firmed up what the deal was, and certainly didn't document it, you better believe hubby is going to claim it was a gift to you as a couple.
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