If a person filled for a divorce and is separated until the divorce is final, and said person loans money to another person during separation and collects payments before and after the divorce is final dose said person own monies to ex-spouse?
Answer
It depends. When a husband and wife live separate and apart, anything that each spouse earns during this period of time is his or her "sole, separate property". So, if one of the spouses makes a loan from his earnings, or from property that was never "marital property", to a third party, the spouse does not have to share any repayment with his or her former spouse. If the loan is made from "marital property" funds, then one-half of each repayment is owed to each spouse.
No comments:
Post a Comment