California Family Code and Reimbursement Rights Lawyer
Protect Your Rights in the Division of Community Estates in a Divorce
Division of marital assets in a divorce is affected by certain legal rights. One valuable right few people know about falls under the California Family Code §2640. In divorce a spouse is entitled to reimbursement for pre-marriage and separate marriage contributions used to buy or improve a marital home.
Knowing when and how the reimbursement rights defined in the code apply requires assistance by a family law attorney experienced in complex divorces involving unique asset considerations, federal laws governing military divorces and more. Contact the law office of Robert M. Garland. A certified family law specialist*, I have spent over 16 years resolving thousands of divorce and other family law concerns for clients throughout the San Diego area.
California Family Code §2640 requires consideration of:
- Your contributions to acquiring community property, including funds used for down payment, improvements, and to reduce loan principals for purchases or improvements — but no reimbursement for interest on loans or payments involving upkeep, insurance or property taxes
- Your contributions toward acquiring property for the community property estate (traceable to separate property contributions) — unless there is a written waiver of reimbursement rights or a signed document acting as a waiver — or repayment exceeding the property's net value at the time of division
- Your separate property contributions to acquiring property in your spouse's separate property estate during the marriage; barring a change in writing under Section 850 of the Family Code (or a written waiver of reimbursement rights).
Family Law Specialist Handling Complex Marital Estate Divisions
I have faced property division and other concerns in a divorce myself. I know how stress about the future can take a toll. Depending on your property assets and ownership situation, battles over the family home, vacation homes and other real estate doesn't have to end in expensive and time-consuming litigation.
Court rulings that invalidate prenuptial agreements when both spouses did not have effective legal representation are also possible. If you aren't sure about how California Family Code §2640 impacts your rights, contact me today to discuss your situation.
