Legal Question in Family Law in California
record of expenses paid before divorce
I am about to write a personal check with the personal inheritance I received from my mother, to pay for a debt owed by both myself and my husband (back taxes). 1. If I were to divorce my husband, how could I easily prove that the debt had been paid from my personal funds?
2. I assume it would be to my advantage to be able to do so but would appreciate your opinion as to whether having paid this joint bill with my own money would make a difference in divorce proceedings.
Many thanks.
2 Answers from Attorneys
Re: record of expenses paid before divorce
Consider whether there is a way for community funds/assets to be employed to retire the debt (such as a second mortgage). You're better off maintaining a wall of separation between your separate property and the community. Also, as the previous response mentioned, a postnuptual may be a good idea. My rates are very reasonable and I offer free consultations.
Re: record of expenses paid before divorce
It would probably be considered a gift to the community and you would not be reimbursed absent a written agreement stating otherwise. If you have seperate property assets that you are concerned about protecting, then you might want to talk to an attorney about a postnuptial agreement. This is a tricky area of family law because, in part, of the fiduciary duties that spouses owe one another.
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