Legal Question in Family Law in California

Are forgivable loans community property. My husband bought our home with a forgivable loan and now says it is his because the money was not community property. Is he correct?

Asked on 7/18/13, 5:02 am

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Community property characterizations require a lot more factual analysis and application of different laws than whether or not the loan was forgivable. You would need a competent family law attorney to evaluate that, which would include knowing when the property was acquired (during, or before the marriage), where the downpayment came from, what funds were used to pay any loan payments secured by a deed of trust or mortgage, and how title was held.

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Answered on 7/18/13, 9:47 am

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