Legal Question in Family Law in California

community vs. separate property

I wrote a similar question a few months ago, but since some factors have recently changed, I find myself asking three more. I am divorcing my husband of over 20 years. We intend to keep our house as co-owners until our son graduates from high school one year from now. The entire down payment 15 years ago came entirely from my separate money; part was a gift from my father to me specifically, and the balance was from a savings investment plan (pension) for which I was 100% vested before the marriage. Question #1: Upon sale of the house, am I entitled to the amount of the down payment off the top? Question #2: Do we share the appreciation equally? Question #3: Assuming I make all house payments myself during the time period that we are separated and divorced, until the sale of the home, is the appreciation during this time period shared equally, as well, or would this appreciation be mine alone?


Asked on 7/13/04, 3:18 am

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: community vs. separate property

You should be reimbursed the amount of your separate property contributions. You are paid this before the community interest is calculated. The appreciation is community property and divided equally. The court may give you some credit for the house payments to the extent that the house payments exceed the rental value of the residence. Good Luck, Pat McCrary

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Answered on 7/13/04, 10:41 am


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