California Legal Brief

AI-Generated Practitioner Briefs of California Appellate Opinions

implied terms

1 opinion tagged “implied terms”

Marriage of McConnell & Jahnke 6/5/26 CA1/1

The Rule of In re the Marriage of McConnell and Jahnke is that a divorcing party who agrees to assume a joint mortgage in a property settlement cannot be forced to remove the other spouse from the mortgage absent an explicit term requiring it, under circumstances where a settlement agreement awards one spouse the marital home "and all debts thereon" without specifying removal obligations.