Legal Question in Family Law in California
separate vs. community property
My father provided the down payment on our home 17 years ago, by two personal checks made payable to me alone. I have only one of the cancelled checks, but I do have a copy of my father's letter to the bank stating he would put up ''X'' amount of dollars toward purchase of the home as a gift to me, by name, and that I was not expected to pay him back. Upon sale of said home, do I have enough proof to claim the amount of the down payment (and any appreciation) as my separate property?
3 Answers from Attorneys
Reply: separate vs. community property
In a general sense, the down payment would be separate property under Family Code Section 2640. No appreciation on the down payment.
For a specific opinion regarding your individual circumstances, 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 California family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: separate vs. community property
You are likely ok as to return of that down payment. Increase in value/equity, would likely be shared. May need additional information to be more precise.
Re: separate vs. community property
Because you are the person seeking relief, you are required to prove that you are entitled to a reimbursement. The cancelled check will probably suffice as to one part of the payment, the letter may or may not be sufficient for the other part. If I were opposing counsel, I would argue that it was insufficient.
Regarding appreciation, you are only entitled to reimbursement of your separate property interest and are not entitled to appreciation. (This presumes that the residence was community property)
Regards, Damian Nolan.
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