Legal Question in Family Law in California

Re: Money

That is a very complex question. Generally, a home bought during the marriage, or currently exisiting in the name of both parties is community property and the property and loans against that property will be divided equally. Generally that means that the home will be sold and the proceeds divided equally. The answer is a little more complex on a business. If it was begun during the marriage the value of the business will be determined by the court and if awarded to one party an offset awarded to the other party. But again, the answer to that question depends very much on the business and the ability of the business to be sold or retained by a party. In both cases there are enough exceptions and problems that it would serve you well to obtain a consultation with an attorney to more fully explain your rights and obligations. Good Luck, Pat McCrary

Re: Money

That is a very difficult question. A a mtter of practice a home bought during the marriage, or currently exisiting in the name of both parties is community property and the property and loans against that property will be divided equally. The home will be sold and the proceeds divided equally. The answer is a little more difficult on a business. If it was begun during the marriage the value of the business will be determined by the court and if awarded to one party an assests awarded to the other party. But again, the answer to that question depends very much on the business and the ability of the business to be sold or retained by a party. In both cases there are enough exceptions and problems that it would serve you well to obtain a consultation with an attorney to more fully explain your rights and obligations.

Re: Money

Property obtained during the marriage while the parties are living together is presumed to be community property and will be split equally (same for debts).

If that fits the description of your house, there may still be reimbursement rights if separate property was used to purchase or improve.

If the business was owned prior to the marriage, there are different approaches for figuring out which is community and which is separate.

In some jurisdictions (like San Diego), the "saleabiltiy" of the business is not relevant.

This can be a complicated area of law and you should retain counsel.