Legal Question in Family Law in California

Reply: Property settlement of assets acquired before marriage

The property is presumed to be community property because it was purchased during the marriage. This is a rebutable presumption. The separate property down payment remains his separate property no matter what, if it can be traced back to his separate property funds.

To fully analyze these issues, I would require more infoprmation. Have your friend consult with an experienced family law lawyer without delay!

Good luck to you!

Brian Levy, Esq.

Law Offices of Brian Don Levy

Re: Property settlement of assets acquired before marriage

Mr. Levy's response was correct. This assumes that the wife did not sign some sort of quitclaim when he bought the property.

The wife might also have a claim based upon use of community funds to pay down the mortgage, if there was a mortgage.

Re: Property settlement of assets acquired before marriage

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://home.pacbell.net/edbjr/ OR

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 --

Provided there is a clear paper trail and no comingling of funds, the property would probably be characterized as separate property. If there is/was a mortgage that was paid with community funds/earnings, the community probably has a claim for reimbursement of those funds or they may be considered a gift to the separate property estate, depending upon the specific facts of the situation.

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

Re: Property settlement of assets acquired before marriage

The property, if the funds used for purchase and payments and upkeep can be traced to his separate proeprty, should be his separate property.

If there's been commingling of community and separate funds, or community funds used to improve the property or maintain, it could be trickier.

The important thing is that your friend consult with a family law attorney, because the separated spouse's attorneys often make demands with little basis in reality, and he should know what his actual rights and obligations are before he negotiates or agrees to a settlement. The experienced family law attorney will cost, but if there are assets and support issues involved, the attorney will be worth the money.

Re: Property settlement of assets acquired before marriage

All of the attorneys above are correct to one degree or another what might be helpful is to understand any money or property acquired prior to the marriage or during the marriage by inheritance is classified as separate property and not community property. And therefore your friends'. With that understanding, take the other information provided and use it-Martin