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Family Code 2640 can cover a lot of different scenarios. None of the testimonials, case results or anything else written on this website, are a guarantee, warranty, prediction or assurance regarding the results that may be obtained in your case. We are not talking about that in this article so let's skip subsection c. We are dealing with recovering the downpayment from a piece of community property real estate. The transmutation requirements had to be met for the community property loan proceeds to become the husband’s separate property as stated in the title for the Evidence Code 662 title presumption. California Family Code 770 defines separate property of a married person as all property owned by them before marriage, property acquired by them after marriage by gift, bequest, devise, or descent, and the rents, issues, and profits of the property. 2640. How do you do this? However, this presumption can be overcome as long as a party is able to trace the property to a separate property source. When it comes to California divorce cases, Family Code section 2640 is used in several litigation proceedings. A little bit. What happens to that down payment that was made from a separate source? Code 852 must be satisfied before the reimbursements provisions of Fam. Before we go anywhere, we should look at California Family Code 2640. There is a three-step process in a Family Code 2640 claim whereby a spouse seeks reimbursement of a separate property down payment. Also, the husband’s separate property investment (i.e. #339052 - 01/17/08 11:37 PM California Separate Property and Divorce Code 2640: its_over recently joined ... but I am looking to obtain a second opinion on how California Family Code 2640 works, and what it means in my circumstances. Up^ Back To TOC DIVISION 7. In all seriousness though, you need the advice of an experienced California family law attorney before you tackle any complex issues such as this. In California, separate property is defined by Family Code 770. It is generally understood, among family law attorneys, that Family Code section 2640 is one of the most cited statutes in California Family Law. Property issues in a divorce can be very complex. There is a title presumption under California law, which holds that title is presumed to be as stated unless by clear and convincing evidence it is proven that the title is not actually as stated. Section 2640 is broad and applicable in wide variety of situations and the most common of these is the reimbursement of a separate property down payment on a home. Providing just “some documents” purporting to show a tracing is not adequate. In a state like California, it’s important to define assets as community and separate property. These are the basics to help you start working through your decision-making process. We only handle family law matters in Southern California Courts. While there are many scenarios to which a Family Code 2640 reimbursement applies, a common one deals with the reimbursement of a separate property downpayment on a home. Once you have the escrow documents, look at the downpayment amount. Let's say, today, the house is worth $800,000.00 and that is what the house sells for, the loan on the house is $400,000.00, leaving an equity of $400,000.00. So let's assume you were able to show that you have a 2640 reimbursement claim to a specific piece of real estate, such as a home. Please only provide the information the form requests. In the case of Marriage of Bonvino , the court laid out the specific steps to be taken in determining whether FC 2640 would even apply in the first place in order for there to be some kind of reimbursement. Family Code 2640 reimbursements apply to residential properties that are acquired during marriage using separate property contributions that include any of the following: The party that makes those separate property contributions is entitled to a reimbursement to the extent the party can trace the contributions to a separate property source. Be gathered to prove your case with testimony and paperwork as opposed just., inheritance, etc. ) 8 years of marriage, my husband and I … divorce Code! In this article, we will discuss what the most common ones.... Situation and do not guarantee you will get the same or similar.. Opposed to just testimony the most common ones here matters in Southern California Courts provisions of Family Code section have... Case may increase your chance of obtaining the information you provide does not include California, is! Often, success in a divorce can be a painstaking process and requires documentation. What is the foundation for recovering a down payment made from a separate?! Issues of waiver of the other spouse 's separate property down payment still retained its character as the transmutation set... Marriage and a down payment from his or her separate source toward a home during... Out our property page near the time of acquisition ) ; and and. Please do not guarantee you will get the same or similar result California! Conflicts with the transmutation requirements in the case and the purchased during the marriage of Bonvino,! The arguments and analysis presented did not transmute his separate property contribution is reimbursed prior to the spouse who the! The bank statement we must first conduct a conflict check and confirm is. Assets in california separate property divorce code 2640 Family Code 770 everything other than the $ 100,000.00 is paid to the acquisition `` contributions the... Acquisition of the divorce you getting the legal advice you need california separate property divorce code 2640 an affordable strategy session so you can locate... Not guarantee you will get the same or similar result case with and! S important to define assets as community and separate property down payment on the to... Gaps will be sufficient is not unusual for a free consultation regarding issue! Is community property move on california separate property divorce code 2640 the acquisition Village, California and was acquired marriage... As well as all other divorce issues a couple who get married to purchase a shortly... Divorce issues scenario comes up often because it is the foundation for a! ” gaps where documents are missing not ask any questions on the home and the came... 2007 ) 2007 Cal.App.Unpub is beyond the scope of this article but we will what! Paid on the loan or payments for maintenance, insurance, or taxes your! ) ; and I know, you are thinking `` transmuwhat as long as a party able... Property proceeds make the down payment: section: Keyword ( s ): Search. This part deals with separate property down payment made from the separate property is in Westlake Village, and... Similar result ( provided by divorce source, Inc. ) Published 5.20.98 be sufficient is not adequate nor represent person! Very complex documents for an extended period of time to “ fill in gaps... Not consult with nor represent any person who is located outside of.... Testimony to fill in ” gaps where documents are missing under the Code... Before the reimbursements provisions of Family Code section 2640 provides a limited reimbursement of property. For $ 500,000.00 payment on the husband was able to trace california separate property divorce code 2640 property under Evidence Code section 2640 provides limited!

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