QUESTION
How do I know if the rental property is a separate or community property?
Asked on Apr 04th, 2014 on Divorce - California
More details to this question:
In the case of a rental property, if I have paid the down payment with my separate asset from before the marriage and its rental income has paid for its expenses and as a matter of fact it has even give me some positive cash fellow (like $800 a month) that I have spent for community (maybe spending only one hour a month for its management ), is it going to be a separate property or a community property, considering Ca. Family code 770 and 2640 (which are kind of contradictory to each other)?
4 ANSWERS
When a separate asset has been paid for with separate funds, i.e. the rent, then no community interest should have been created.
Answered on Apr 09th, 2014 at 12:13 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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It sounds like separate property. 2640 deals with property of the community being spent on your separate property. If your property had a positive cash flow I do not see an issue of reimbursement unless community funds were used for a new roof or repainting or some other major expense.
Answered on Apr 07th, 2014 at 1:24 PM
Generally speaking if no community assets were used it would be separate property.
Answered on Apr 07th, 2014 at 11:00 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Title generally controls. Then you look at reimbursements that you can actually trace to separate property.
Answered on Apr 07th, 2014 at 10:50 AM