Q: Divorce - paid my father's mortgage during marriage
I paid my father's mortgage during marriage but was reimbursed in cash by my him. My wife has photocopies of checks that I paid. Now we are divorcing and she says she is entitled to half of that money.
Since my reimbursement was in cash I can not prove it. Does she have a right to that money? If yes, can my father testify in my support?
Are photocopies admissible or can I insist to see the original checks?
Thank you in advance.
A: California is a community property state. Upon divorce, each spouse is entitled to half of all property acquired during marriage. This applies to income earned during marriage, as well as debts and obligations incurred. Various factors may still exist that may protect your rights to the reimbursed money contingent upon your specific situation. I recommend that you seek the advice of an attorney to assure that your rights are protected.
A: Because of the California community property law, she is entitled to one half of the money you paid for dad's mortgage, unless you prove its return. You can ask your dad to testify. Consult an attorney to obtain more information from you and try to establish the receipt of the money and perhaps it usage in the community expenses. Also ask your wife to testify, your lawyer may extract confession from her on the witness stand.
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