Legal Question in Family Law in California

Home Equity Brought Into Marriage

An important question about community versus separate property. My wife was previously married and divorced. When divorced in 1977, she bought out her husbands equity in their home. We married in 1979, stayed in the home until 1984, sold the home, then used the proceeds for the down payment on our current home.

She is claiming that the down payment is separate property because of it being the proceeds from first home. She signed a quit claim deed two months AFTER our marriage in 1979 making us joint tenancy.

Wouldn't the law allow this to be community property, as we were married in it for 5 years, and we made the mortgage payments with our community money?

thanks


Asked on 5/14/00, 10:46 pm

1 Answer from Attorneys
Matthew Kremer Law Offices of Matthew M. Kremer

Re: Home Equity Brought Into Marriage

Under Family Code 2640, she is entitled to be reimbursed for the equity in the home as of the day she put your name on the title. This may be less or more than the downpayment.

There is some case law that seems to indicate that a quitclaim, as opposed to a grant deed or interspousal transfer deed, eliminates her reimbursement rights.

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Answered on 7/06/00, 3:19 pm


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