Legal Question in Family Law in California
separate property reimbursement
Single woman inherits mom's house. It has net equity of $89,000.00. Woman marries. Now the couple wish to relocate to a home closer to husband's job. Only reasonable priced home is with in the equity value of woman's separate property. Upon couple's offer to purchase new home, woman's credit history is deemed not worthy of loan. Woman deeds her separate property to spouse as a valuable consideration of the equity and records a document transfer value tax on said value...it is shown on deed. Husband holds title as sole property and loan goes through...the couple have a new home. Couple now in divorce, but husband's atty. says woman is not entitled to reimbursement of separate property AND judge ruled there was a 'verbal' post separation agreement that woman exchanged her right to community home for proceeds from sale of husband's house deeded from wife. House had 3 liens that were used to purchase community assets. Net proceeds were about 20% of reimbursement value expected. yes, this is complicated. does wife have a RIGHT TO REIMBURSEMENT absent of anything in writing that she waived her rights?
3 Answers from Attorneys
Re: separate property reimbursement
I thought I gave an answer to this already.
This is Family Code Sections 2640 and 850 -- reimbursement and transmutation. Absent a WRITTEN agreement, wife cannot be deemed to have given away her interest. The judge cannot rule there was an oral agreement to do so, the judge must rule that the paperwork related to the transaction is the written agreement.
This sounds like a bad, but certainly not impossible ruling. In my experience and understanding, standard language in a deed that it is for "valuable consideration" blah blah doesn't mean anything and I want proof beyond standard language.
But then there is Marriage of Matthews, which runs contrary to Marriage of Delaney, etc., so this is a difficult issue.
Re: separate property reimbursement
I thought I gave an answer to this already.
This is Family Code Sections 2640 and 850 -- reimbursement and transmutation. Absent a WRITTEN agreement, wife cannot be deemed to have given away her interest. The judge cannot rule there was an oral agreement to do so, the judge must rule that the paperwork related to the transaction is the written agreement.
This sounds like a bad, but certainly not impossible ruling. In my experience and understanding, standard language in a deed that it is for "valuable consideration" blah blah doesn't mean anything and I want proof beyond standard language.
But then there is Marriage of Matthews, which runs contrary to Marriage of Delaney, etc., so this is a difficult issue.
Re: separate property reimbursement
I thought I gave an answer to this already.
This is Family Code Sections 2640 and 850 -- reimbursement and transmutation. Absent a WRITTEN agreement, wife cannot be deemed to have given away her interest. The judge cannot rule there was an oral agreement to do so, the judge must rule that the paperwork related to the transaction is the written agreement.
This sounds like a bad, but certainly not impossible ruling. In my experience and understanding, standard language in a deed that it is for "valuable consideration" blah blah doesn't mean anything and I want proof beyond standard language.
But then there is Marriage of Matthews, which runs contrary to Marriage of Delaney, etc., so this is a difficult issue.
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