Community Property Division - Loan Agreement between Spouses
Community Property Division - Loan Agreement between Spouses
If husband and wife reach, during their marriage, a loan agreement the subject matter of which is an asset of their community property, and the purpose of such loan is for personal business or other personal affairs of the borrowing spouse, such a loan agreement will be deemed as an agreement to divide their community property if their marriage ends up in divorce or they claim to divide their property during their marriage.
In such a case, the community property as the subject matter of the loan agreement will be disposed of as agreed in the loan agreement, and neither spouse is entitled to claim division of such community property otherwise.