Legal Question in Family Law in California

Community vs. Separate Property

If my husband received life insurance money from his Mom's death and used that money as a downpayment for our house which is under joint tenancy ownership, is that downpayment considered community or separate property? When we sell the house, do I have to reimburse him for the downpayment?


Asked on 7/14/04, 1:31 pm

2 Answers from Attorneys
Damian Nolan Law Offices of Damian M. Nolan

Re: Community vs. Separate Property

If the down payment can be traced to your husband's separate property (inheritance etc) then pursuant to Family Code Section 2640, your husband is entitled to a dollar-for-dollar refund.

Regards, Damian Nolan

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Answered on 7/14/04, 2:12 pm
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Community vs. Separate Property

Given the information you have provided, the downpayment would be his separate property pursuant to Family Code Section 2640.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 7/14/04, 2:19 pm


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