Legal Question in Family Law in California

Separate Property

I am in the final negotiations of my divorce. Our house was sold and the money is in a trust until we figure out the split. Long story short, I have agreed to reimburse her for her down payment from her separate property. However, I realized I have a separate IRA that had a $30k value before we were married. Now it has a $250.00 value. Am I entitled to be reimbursed as well? Please advise.


Asked on 4/16/07, 1:03 pm

2 Answers from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Separate Property

The general rule is that if the funds that you took from the account went to purchase or improve an asset they can be traced into that asset. You need to talk to a family law attorney about this so that he can get more detail and give you a more definite answer. Good Luck, Pat McCrary

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Answered on 4/17/07, 10:35 am
Elizabeth L. MacDowell Law Office of Elizabeth L. MacDowell

Re: Separate Property

Two words: It depends. What it depends on includes what you spent the IRA funds on, and whether the funds are traceable.

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Answered on 4/16/07, 2:46 pm


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