QUESTION
Now that we are getting divorced, 15 years later, his lawyer is saying that he gets his money back that we used to buy the house. Is that true?
Asked on May 07th, 2013 on Divorce - California
More details to this question:
When we were married, my husband purchased our family's vacation home with his inheritance money. We paid for it outright, and never got a loan on it. When we bought the house, it was titled in both our names, and never changed. From the beginning, it was supposed to be OUR house, not HIS house.
6 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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That is an issue a judge would have to decide. (Whether he intended the money to be a gift to the community.) Deepening on the amount you could win your argument and lose because you spent so much to fight it out.
Answered on May 15th, 2013 at 5:05 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Technically your husband gets his money back, dollar for dollar without any appreciation, but you get 1/2 of any appreciation as he put both of your names on it.
Answered on May 10th, 2013 at 3:50 AM
Yes, he will be entitled to get his separate inheritance money back from the community but without interest.
Answered on May 10th, 2013 at 3:47 AM
Family Law Attorney serving Walnut Creek, CA
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Law Office of Jon Rathjen
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His attorney is probably correct. as a general rule separate property contributions to the acquisition of community property are reimbursable in the principal amount (no interest and no appreciation). The party seeking the reimbursement bears the burden of proof on the issue.
Answered on May 10th, 2013 at 3:38 AM
Yes. It is. The amount of husband's separate property contribution is deducted from the equity and then the parties split the rest. Sorry.
Answered on May 10th, 2013 at 3:31 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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His attorney may be correct. It is a complicated issue best discussed with an attorney representing you.
Answered on May 10th, 2013 at 3:30 AM