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Debt Liability

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Jill Jensen

Junior Member
California
SpouseA is alleging there was a loan for a substantial amount of money from SpouseA's parent over ten years ago and was used to benefit the community in home improvements. There was no loan note, no re-payment schedule. SpouseB was not aware of the loan, never signed any document and never had a verbal agreement for the alleged loan. The loan was disclosed after petition for divorce was filed and specifically at the time the community home was sold and was in escrow, via a demand for payment from SpouseA parent.
1. What does SpouseA need to provide for proof of loan?
2. What does Spouse A need to provide specifically for proof the alleged loan funds were used to benefit the community?
3. What recourse does SpouseB have?
4. Are there any California Case Citings with similarities that can be used to research prior judgements?What is the name of your state?
 


mistoffolees

Senior Member
California
SpouseA is alleging there was a loan for a substantial amount of money from SpouseA's parent over ten years ago and was used to benefit the community in home improvements. There was no loan note, no re-payment schedule. SpouseB was not aware of the loan, never signed any document and never had a verbal agreement for the alleged loan. The loan was disclosed after petition for divorce was filed and specifically at the time the community home was sold and was in escrow, via a demand for payment from SpouseA parent.
1. What does SpouseA need to provide for proof of loan?
2. What does Spouse A need to provide specifically for proof the alleged loan funds were used to benefit the community?
3. What recourse does SpouseB have?
4. Are there any California Case Citings with similarities that can be used to research prior judgements?What is the name of your state?
One would assume that Spouse A would have his parents sign an affidavit. Personally, I wouldn't accept that. Aside from the fact that relying on his parents to produce a document which apparently existed is questionable, what if the parents loaned him money and he gambled it away or blew it on something else. Rather, I would ask for him to show that the money was deposited into marital accounts. He should be able to provide evidence that a 'substantial amount' of money was put into the marital accounts.
 
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