Legal Question in Civil Litigation in California

My daughter has been married for 6 years and bought a house with my son in law 2 years ago, but had to borrow $4000.00 from her grandfather to pay off debt in the sum of $3000.00 of husbands previous debt before the marriage took place. and that had to be payed off so the loan would go through and $1000.00 to put down for down payment. The loan for the house was put in her husbands name only . They made an agreement that they would pay off the loan in Jan 2009 with the income tax return. In December 2008 the heating and Air went out and Charged it on my daughters credit card. They asked Her grandfather in Jan. if they could pay off the credit card instead of paying him because the interest was so high. So Grandpa agreed to this but said that they had to continue to pay interest on the loan until they payed off the balance because he took out a home equity loan for them. Again they said that they would pay off the loan in Jan when tax return came in. My daughters husband re financed the loan sometime in 2009 and told my daughter it was easier to keep it in his name because she was not working. On December 21st 2009 he told us he would pay back her grandfather the $3000.00 for his debt. He also stayed at our home for the next 3 weeks because they were trying to work out problems in the marriage. When he left he told my daughter that she could live in the house with their children ages 4, 3, and 11moths old. He also stated that he was going to let the house go into foreclosure. In February my daughter filed for legal separation and he countered divorce. When the tax return came the debt was not payed as agreed. Since the house was bought during the marriage in California does she have any rights concerning the house?. He started harassing her to get out in June because he wanted to rent it, and then a month later he said that he wanted to move in but had already been put into foreclosure. Then he wanted to get a re modification on it so she moved out in September. When she left she took the air conditioning unit so she could sell it to pay off the debt to her grandfather. He has filed a petition for her to return the unit. I told him that we would return the unit and pay the installation fee. Now he is stating that we did not have this conversation. How can he take her to court if we are trying to give it back?


Asked on 10/26/10, 8:28 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

You supply a large amount of facts. The most important one is not mentioned, namely in what title was the house taken. Since banks normally require all owners of the property to be on any loan against the property, I will assume that title was put in his name only. But since her private funds [was money from grandpa given only to her or both of them--if the latter then it would be community funds] were used for the down payment and to qualify him for the loan, and it was her intent that the house be jointly held, the house would be community property. If any loan payments were made from community funds as opposed to his own private funds, that adds force to the position it is community property.

When your daughter left, it was not proper for her to take the community property air conditioner or any item without his consent. If she has access to the house, just go and put the unit back in. If there is no access [he is legally not allowed to kick he out and both are entitled to live there at the same time], send him a certified letter stating that when he grants yo access you will reinstall the unit at no cost to him for the installing. If he has filed a lawsuit, just file an answer stating that you agree to reinstall it once he gives you reasonable access.

[not proof read]

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Answered on 10/31/10, 9:31 am


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