Legal Question in Family Law in California
divorce
a piace of land was purcharse before my married. it was in hold for problem with backruptcy and 3 years after we married we paid for 15 acress of land. after 24 years of married we are getting a divorce
the land was in a trust, but 15 years later the land was under both name. the land cost was 27,000.00 but after many years the value is about 1,900,000.00. only one of the couple claime that he/she the owner of the 1,900,000.00 the other person has nothing to claim acording to the law fc2640. how this work?
3 Answers from Attorneys
Re: divorce
Both spouses have a community property claim to the real estate. Contact me directly for assistance.
Re: divorce
we would need more information from you to properly assist you legally.
Re: divorce
I am a bit confused on the facts that you have given. The land is community property at this time due to the transfer. However, there is a right to reimbursement to the party who had a separate property interest in the land prior to the transfer to both names. If the funds used to purchase the property were community funds, it is possible that the property was community at that time. Otherwise you would take the net value of the property at the time that it was transferred to community name and that would be the reimbursement credit for the party that owned it prior to the transfer to the community. That is a general statement of the law. If you call me with more details I can give you a better answer. Good Luck, Pat McCrary
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