Family Code §2640 Claim

Getting Reimbursed for Separate Property

used for Community Property expenses

This section allows a claim for reimbursement based upon one’s SP contribution to the acquisition of CP.  Requires “tracing”, a method by which a forensic accountant can figure out where money came from and where it’s going.  For instance, Wife comes into the marriage with a big enough bankroll for the couple to buy a house, taken in her name only.  Both parties live in the house and contribute to its upkeep, down payment, taxes, etc.  Once wife uses that separate property for the house, an argument can be made that she has transformed her separate property into a” gift to the community” and may not be able to get it back. The couple continues to live in that house and each works toward the contributions, as in repairs, maintenance, taxes, mortgage, etc.  Wife now wants to stay in the house after separation, so in the divorce proceeding, it will be necessary to “trace” which dollars of Husband’s Separate Property was used to buy the house.  

Morinelli & Lieberman Law Group can help you sort out your various claims and trace them back to separate or community property.