Legal Question in Real Estate Law in California

It may depend upon a couple of things that aren't clear from the facts given. First, when you say "splitting again," do you mean doing a dissolution of marriage (divorce)? Second, and more important, can you show the divorce court that the $40,000 extra "you" contributed to the down payment was your separate funds, as the term "separate funds" is used if California family law to distinguish them from community funds?

To be separate funds, the money must have been yours at the time you got married, or received by you after marriage as a gift or inheritance. "Yours at the time of marriage" would generally include money you had coming to you but wasn't yet in your pocket, such as a judgment or bonus awarded or earned before marriage. Your earnings from working after marriage would be community funds, not separate.

If you need truly expert advice, I suggest you re-ask your question under a divorce or family law heading on LawGuru - it's more of that kind of question than real estate.

I agree with Mr. Whipple.

For starters, it appears that your real property is community property. For purposes of the division of property in dissolution proceedings, property acquired by the parties during marriage as joint tenants is presumed to be community property. �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 join 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.)

This is a presumption affecting the burden of proof and can only be rebutted by a clear statement in the deed that the property is separate, and not community property or by a written agreement between the spouses. (Fam. Code, � 2581 subd. (a) and (b).)

�Under section 2581, all property held in joint title by spouses during marriage is presumed to be community property upon dissolution, rebuttable only by written evidence to the contrary.� (In re Marriage of Weaver (4th Dist. 2005) 127 Cal.App.4th 858, 865.)

There is a right of reimbursement upon dissolution for a spouse who contributed separate property held in joint tenancy, absent a written waiver of the right to reimbursement. �In the division of the community estate under this division, unless a party has made a written waiver of the right to reimbursement or has signed a writing that has the effect of a waiver, the party shall be reimbursed for the party�s contributions to the acquisition of property of the community property estate to the extent the party traces the contributions to a separate property source.� (Fam. Code, � 2640 subd. (b.)

You would have to be able to trace your $40,000 downpayment to a separate property source. It is not clear, as Mr. Whipple points out, that your downpayment came from a separate property source. Also be advised that the same rules apply to your wife, if she seeks reimbursement.