Reimbursement and Divorce

Did you contribute money that you earned prior to marriage to property that was acquired during marriage? If so you could be entitled to reimbursement. 

Reimbursable separate property contributions to community property are defined in Fam C §2640(a).

If you make downpayments, payments for improvements, and payments that reduce the principal of a loan used to finance the purchase or improvement of the property, you could be entitled to reimbursement at divorce.

Please note that Fam C §2640(a) does not include payments of interest on the loan or payments made for maintenance, insurance, or taxation of the property.

A party who makes such contributions to the community will be reimbursed if the contributions are traced to a separate property source, unless he or she has waived the right to reimbursement in writing or has signed a writing that has the effect of a waiver. Fam C §2640(b). 

If you have a reimbursement issue If you are drafting a premarital agreement and have questions,  you can contact me at Amanda@gordonfamilylaw.com for more information.