Suggestions: Division of Property

650,000 note:
#1 interest paid on schedule for 10 years/ principle due 3 or 4 years ago, but not paid or refinanced / interest still being paid on schedule. Spouse takes $650,000 note as debt in division of property; however, can it be inferred from past actions that principle is never "really" expected to be paid? Any suggestions as to how one can convince Judge in new trail to accept inference...
#2 the note's principle is owed "if ever really due" by three partners not just the individual spouse that is using the entire debt / How does one convince the Judge that if s/he is going to give the principle to the spouse as debt only 1/3rd of that debt should actually be given.

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by nlh6262:
[b]650,000 note:
#1 interest paid on schedule for 10 years/ principle due 3 or 4 years ago, but not paid or refinanced / interest still being paid on schedule. Spouse takes $650,000 note as debt in division of property; however, can it be inferred from past actions that principle is never "really" expected to be paid? Any suggestions as to how one can convince Judge in new trail to accept inference...
#2 the note's principle is owed "if ever really due" by three partners not just the individual spouse that is using the entire debt / How does one convince the Judge that if s/he is going to give the principle to the spouse as debt only 1/3rd of that debt should actually be given.[/b]<HR></BLOCKQUOTE>

My response:

Without a State name, it would be difficult to assist you. Laws are different everywhere. For example, without a State name, I have no idea if you live in a Community Property State.

IAAL

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