Legal Question in Family Law in California
my wife and I are divorcing, we have two homes, one in her name and one in both our names.
The house in both our names was purchased with money from a personal injury settlement for physical injuries occurring when I was a child. All of the furnishings and renovations were also paid for with personal injury monies.
In deciding the division of assets, does the home purchased and maintained with personal injury money remain with the injured party? or will it be divided between spouses? Do I need a lawyer to handle this or not?
2 Answers from Attorneys
Yes, you need a lawyer. �For the purpose of division of property on dissolution of marriage or legal separation of the parties, property acquired by the parties during marriage in joint form, including property held in tenancy in common, joint tenancy, or tenancy by the entirety, or as community property, is presumed to be community property.� (Fam. Code, � 2581.)
You do need a lawyer. Now, while the property may be community property depending on exactly how title is held, at the very least, you may be entitled to reimbursement of your separate property contributions as long as those separate property funds can be traced.
BARRY BESSER
www.besserlaw.com
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