Legal Question in Family Law in California
Hi I would like to ask a legal advice. I married in 2000. In 2003 I went back to graduate school I worked there part time as a research assistant. I spent 3 years in grad school.Then I went back to work as a software engineer. I was wondering if I own any money legally to my husband due to me being in grad school and making less during this years. My husband says that he took some money from the home equity and if I get a divorce that I would need to pay him the money with interest rate. Is this true? we both are working now. I am working non stop since 2006 full time. Our pay rate is about the same. He is also in IT. Thanks
1 Answer from Attorneys
When community money is used for the education of one spouse and then there is a divorce, the court must determine whether the community benefited enough from the additional education by the time of the divorce. If community money gives you an education that allows you to earn more, and you stay married for a long time after your education is done, the law says you have repaid the community enough. If you divorce shortly after the additional education gives you more earning power, then some reimbursement to the community will be required.
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