Legal Question in Family Law in California

I'm in the middle of my divorce and opposing counsel is currently suggesting there maybe a community interest in my pre-marital home,

my question is ,

if the funds used to pay for the mortgage on my house were acquired by rental income from the property and the loan was of interest only for the duration of our marriage,

should I be entertaining their settlement offer?,

Or going to trial?

Asked on 8/07/11, 12:08 am

1 Answer from Attorneys

Patricia Van Haren Patricia Van Haren
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0 attorneys agreed

If there were no payments made by any community funds, and you can show that the property remained separate and that all loan payments were from the rental income, then the community would not have an interest.

In regards to the settlement offer, you need to balance that against the attorney fees that will be involved in going to trial. If it will cost you more to go to trial than to settle, you may wish to settle the case. However that is a personal decision that only you can make.

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8/07/11, 12:12 am

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