Both Parties are Entitled to be Reimbursed for any Separate Property

06 Aug, 2012

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The court in Rico determined whether the separate property contributions of both spouses to real property purchased as tenants in common before marriage required reimbursement when the property was converted to joint tenancy during the marriage.

FACTUAL BACKGROUND LEADING TO THE DISSOLUTION OF MARRIAGE

The parties purchased a home together before they were married. Each party paid towards the purchase of the home before the marriage. The husband contributed more towards the purchase price then the wife. The parties owned the home as tenants in common and transferred the property to joint tenancy during the marriage.

DIVORCE TRIAL PROCEEDINGS

Wife argued that as tenants in common, the parties owned the property equally. She further argued, that the judge misapplied the law by failing to divide the property equally, because the presumption of joint ownership required equal distribution.

APPEAL OF THE DIVORCE COURT?S RULING

The First District upheld the court?s decision. The conversion of the property to joint tenancy allowed the court to equitably divide the property so that both parties retained their separate property interest. The fact that both parties contributed separate property to the home meant that both parties were entitled to reimbursement of their separate property interests.

If you need a divorce attorney in the Orange County area to address the separate property contributions to real property in the dissolution of a marriage or any other divorce matter such as legal separation, annulment, child custody, spousal support and/or property division, contact our law office located in Laguna Hills at (949) 643-5662. Conveniently located off of the 5 and 405 freeway at Lake Forest.

Trevi?o Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 643-5662
Visit us at
www.LawintheOC.com

Please note that the posting of this information does not constitute legal advice for a divorce in Orange County. Facts and circumstances of the dissolution proceedings may alter the required action and analysis in any given family law case.

Source: http://familylawattorneyintheoc.com/2012/08/06/both-parties-are-entitled-to-be-reimbursed-for-any-separate-property-contributions-to-community-property/

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