Legal Question in Family Law in California

We married on May 9,1998 and separated on Nov 2007 We did not filed the legal separation but just separated married filed the income tax. He left me with a house and payments for the house. I had paid for everything of the house include mortgage and property tax and he took 100,000 from the equity loan of the house to open his own business and he takes care of that payment. We signed up for borrowing that equity loan together. It will be 30 yrs for that payment. He filed me divorce on Mar 10, 2011. My house costs around 87,000 and still owe about 42,000. Equity loan still left 95,000 and he still keep pay for that loan. Also he made more debts from his business by owe the credit card for 40,000. The reason we broke up because he cheated on me and he walked out and left me from the house and spent money for trips to see his new girl friend and his own business from the equity loan. Before we broke up my husband borrowed my money to pay for his truck and put money to invest in his business and also put in his bank account total almost 40,000 and he promised me to pay me back even we broke up and separated. My question is What should i do the best way and to be fair for me from the divorce? How can I keep my house without his name and do not responsible on his debts and able to recall my money from him which he used to borrowed and promised me to pay for it? Can you suggest how he should do with his debts and pay off all of them. Also if he walk away by filed the bankruptcy what is going on to me? How can I protect myself about that?


Asked on 4/30/11, 10:22 pm

1 Answer from Attorneys
Isi Mataele 'Isi Mataele Attorney at Law

There are lot of questions here that are being asked and the best thing to do is hire an attorney. The court in distributing debts and assets can take into consideration many factors as to what is fair according to the law.

The question the court will decide if it is community or separate property. If for example you lent him money from an inheritance then it would be separate property. However if you lent him money you earned during the marriage it would be presumed community property. I would suggest discussing your case with an attorney.

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Answered on 5/30/11, 11:08 pm


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