Legal Question in Family Law in California
I used the money from the sale of my condo, which I owned solely, prior to marriage, and purchased a new home after marriage. Once the current home is sold, am I able to get back the amount that I had used in purchasing the current home which is in both names?
3 Answers from Attorneys
There is no simple answer to your question. If you and your wife agree, of course you can take that money back out and put it in a separate account. If you divorce tomorrow, however, her attorney would be sure to argue that it was converted to community property when you bought the house together and put her name on it. There is no way to tell in this format how that might turn out.
Although the final determination is highly fact specific, the Family Code provides for a right to reimbursement of separate property used to purchase community property during marriage. You should consult with an attorney to be sure about your rights.
I agree with Mr. White. You would have to file a claim for reimbursement from the community of the separate property funds used as a downpayment. The specific authority for it is Family Code section 2640.