Legal Question in Family Law in California
i loaned money to sibling to purchase real estate while i was married, there was no written agreemnt for the loan repayment, but i know sibling will return the money sometime. Now my spouse has filed for divorce and claiming for the property which is not owned by me. how should i proceed,i cannot give the half of loan money to my spouse as i don't have the money , can it be part of settlement for monthly installments.
what if my sibling do not return the money and once i put the half of the loan amount as settlement then i would end up paying the money which i never get from my sibling.
1 Answer from Attorneys
Your case is pretty complicated, the wife is probably claiming that you loaned community money and therefore she has a community interest in that property. The sibling who owns the property will need to assert their rights in court that the money was a loan. You two will need to determine if the money can be paid back, or if you can work out a repayment plan which you two will share in when the money comes in. Unless you can prove the money you loaned was completely your seperate property, in which case you would not have any of these issues with your wife claiming that was part of her money you loaned.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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