Legal Question in Family Law in California

Is inheritance reimburseable is used for community property expenses?

My soon to be ex inherited a sizable amount of assets from his parents and used some of those assets to pay for a portion of my new car as well as upgrades to our home. He and our mediator believe he is entitled to reimbursement of those monies which he claims exceed $70,000. Is this true and if so, how do we value the upgrades to the home such as paint and carpet which traditionally don't add much to the purchase price of a home?


Asked on 12/16/02, 9:59 pm

2 Answers from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Is inheritance reimburseable is used for community property expenses?

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

The facts that you have provided are not clear enough and/or complete enough to provide a definitive answer to you inquiry; however, if I were you I would argue that the expenditures you described were NON reimbursable gifts to the community. Was the inheritance comingled? And why are you using a mediator with so much money involved and you not knowing the law?

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

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Answered on 4/17/03, 9:13 pm
Mark Russakow Russakow, Ryan & Johnson

Re: Is inheritance reimburseable is used for community property expenses?

Uaually an appraiser is used. I think you should get an attorney to negotiate this matter as it could cost you a lot of money. If you have no money and your husband does, you can get him to pay some or all of your fees by law. Good luck, mark.

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Answered on 12/17/02, 11:36 am


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