Legal Question in Family Law in California
Family Code 2640
Hello,
I am currently going through divorce. In 1980, my husband purchased a home. In 1986 (6 years later) we were married, and I moved into that home. (I believe my name was then added to the deed). We both used community funds to do some remodeling, and in 1988 (2 years later), we sold that house and obtained $32,000 equity, which we used as a down payment on a new home, which we had lived in for 21 years.
Since going through divorce, we have sold our home, but did not receive much in equity due to the present economy.
Due to Family Code 2640, my husband is asking for the whole $32,000 from the first home. Can you tell me if there would be any advantage for me to prove that my name was added on the deed, or anything I can do so that I do not lose my portion of the $32,000 equity from our first home?
Thank you,
Lori
1 Answer from Attorneys
Re: Family Code 2640
Your question presents a complex issue. The first step would be to obtain a title history for the property. Then obtain the value of the property at the time your name was added to the title. The difference between that value and the value at the time of the sale would determine the potential community property interest. The community property used to improve the property could also be subject to division. You should consult with an attorney regarding this situation for a better response.
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