Legal Question in Family Law in California
Is a previous divorce settlement considered community property?
My current husband contributed a bigger down payment that I to
purchase our home. I received my first divorce settlement after our
marriage, in two parts: one from the sale of my previous home; and
two, from cashing in part of my ex-husband's 401K. Both amounts
went into our joint checking account. If we divorce, is my husband
entitled to get the same (greater) amount he put into the down
payment? And is the other half of my 401K (from my first husband)
considered community property? Would the fact that my
ex-husband's child support payments are very low be held against
me financially if we divorced?
3 Answers from Attorneys
Re: Is a previous divorce settlement considered community property?
Unless you co-mingled funds, ie., said they were clearly community funds, you are entitled to your portion upon sale and percent of equity. Other questions, need more info to answer.
Reply: Is a previous divorce settlement considered community property?
Family Code Section 2640 provides for the return of the separate property down payment for the acquisition of the residence. I can e0mail you a copy of the statute upon your request. The rest of your questions require more information before they can be answered.
I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Is a previous divorce settlement considered community property?
He will probably get a credit for the amount that he used to put down on the residence. If you placed your separate funds in a joint account and then spent the money, it may be money over the dam and you may not get it back. The low child support can be considered by the judge if you could get an increase in the support amount. Your current husband is not obligated to support that child. Those are general answers to general questions, but more detail is needed to give you a more definitive answer. You should get a consultation with a family law attorney. Good Luck, Pat McCrary
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