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Divorce community property and debt under CA state law, mortgage taken during the marriage
Asked almost 4 years ago - Sacramento, CA
I am in the process of going through a divorce. Part of the property issue is the house that is my wife’s separate property. During the marriage, the house was refinanced. I was did not execute the loan nor is my name on the title. My Wife signed the loan note as an “unmarried woman” even though she was married at the time.
My first question is this, as the loan was taken during the marriage does it constitute a marital loan? If so, the proceeds from the loan were used to pay off the pre-nuptial mortgage, does the Branco application of the Moore/Marsden rule now apply?
My second question is did my Wife commit fraud against the lender by not informing the lender that she was married?
Additional information
I am going thought the same situation. In my case. The house was under my name until we refinanced in 2005. After refinancing, we were given 30 days to add me back on. In those 30 days my husband refuse and hid the paper work from me. A year later in 2006 and without me knowing. He sold the house to his father for an unclosed amount. In our 9 year marriage and in the past 3 years. I have paid at least 85% of the house payments and bills. All I want is what I have put into this house. Should I fight for this or is this a lost cause.
I am going thought the same situation. In my case. The house was under my name until we refinanced in 2005. After refinancing, we were given 30 days to add me back on. In those 30 days my husband refuse and hid the paper work from me. A year later in 2006 and without me knowing. He sold the house to his father for an unclosed amount. In our 9 year marriage and in the past 3 years. I have paid at least 85% of the house payments and bills. All I want is what I have put into this house. Should I fight for this or is this a lost cause.
Attorney answers (1)
More facts are needed to answer your question. If the house is in your wife's name, and if the sole security for the re-finance was that property, and if you didn't sign anything, and if your name isn't on anything, there is a strong likelihood that you have no personal responsibility. Additional information is needed, however, to more fully answer your question. You need to speak with an experienced family law attorney. Good luck.
