Legal Question in Family Law in California
My brother is getting a divorce. During their marriage, his wife had attorney fees due to getting caught shoplifting. She had to borrow money from my parents, an amount at least $2k, if not more, financially burdening my parents.
Now that she is getting a divorce, she is counting on getting half of all that my brother has (not very much).
However, I feel that before that she starts counting her money, she needs to first pay my parents back.
Would this money need to be paid back to my parents through community property (in a community property state), or does my soon-to-be-ex sister-in-law need to pay my parents back after the divorce, which is most unlikely, because she cannot manage money and probably won't. She is not embarrassed about borrowing money and not paying back and she even has a bully attitude, feeling she is entitled to borrow money for the "kids". However she makes no effort of saving.
1 Answer from Attorneys
Community property has no effect. The issue is whether or not there was an agreement for her to repay the money, whether this was in writing, or whether this was a gift from your parents.
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