Steve O'Kane
New Member
- Jurisdiction
- California
While SF Domestic Partners, we jointly borrowed $20K from my father to use as down payment on home under a verbal agreement he would be repaid when the house sold. In 2012, she ended filed a Notice for Ending a Domestic Partnership. She agreed to a lump sum buyout amount of $30K for my release of interest in loan, title and to move out. No surprise, after I compiled, she paid only $4,000. Over the next 12 months, and retention of an attorney, the evidence she knowingly made false written statements with no intent to perform to obtain my property was obvious. By then she owed a little over $10K. Small Claims Judge awarded the full $10K. During all this, she made it clear she did not considered the loan to buy the home, her problem. My Dad, my issue.
Apparently, if our partnership was filed with State of California, the division of assets and debts would have been overseen by a Judge. Unfortunately, I only learned how complex this is while fighting the obvious fraud of default on Promissory Note, her own written statements to recover the Buyout amount.
So the joint debt of $20K? I have a complete audit trail of funds wired into my account and the checks issues to the Trust company for the home purchase 2009-2010. The funds were used for the down and are still invested in the property. Statute of Limitations for Oral contracts is 2 years in Calif. But the agreement to repay is after home sold. Loan assumption occurred 5/23/14. Judgement awarding me full payment for the Buy Out amount was 4/23/15.
That Buy Out was solely for my interest in the property which included my own $10K down.
Can my father still collect his debt? Obviously this was a joint debt. But also complicated. Especially as he lives in Ireland.
Apparently, if our partnership was filed with State of California, the division of assets and debts would have been overseen by a Judge. Unfortunately, I only learned how complex this is while fighting the obvious fraud of default on Promissory Note, her own written statements to recover the Buyout amount.
So the joint debt of $20K? I have a complete audit trail of funds wired into my account and the checks issues to the Trust company for the home purchase 2009-2010. The funds were used for the down and are still invested in the property. Statute of Limitations for Oral contracts is 2 years in Calif. But the agreement to repay is after home sold. Loan assumption occurred 5/23/14. Judgement awarding me full payment for the Buy Out amount was 4/23/15.
That Buy Out was solely for my interest in the property which included my own $10K down.
Can my father still collect his debt? Obviously this was a joint debt. But also complicated. Especially as he lives in Ireland.
