Q: My husband claiming reimbursement for his separate property which is before marriage assets.Is he possible to do that ?
He’s claiming for reimbursement of his before marriage assets. Credit card, saving account, military thrift saving, two cars, house in GA etc.
currently we live in CA.
It’s total equity $143,213.
I was living in the house and using a car before marriage, we were living together. He was working and I was studying in community college.
Can he do that asking me to reimburse all those cost in the past. He’s trying to do equalizing
Final assets by doing this since he wants to
Keep the house and buying out 50%.
A:
Spouses can (and do) claim many things in divorce proceedings that lack any factual or legal basis. This may be one of those situations. You shouldn't concede this reimbursement or equalization, but I didn't think you would even if some attorney on a free online Q and A told you to do so. Since I don't know the circumstances or the dynamics of your case, I cannot tell you what to do next.
In order to ensure the best possible outcome, you need to consult with an attorney, at least in a limited role. Limited-scope representation is when you and a lawyer agree that the lawyer will handle some parts of your case and you will handle others. This is different from more traditional arrangements between lawyers and clients where a lawyer is hired to provide legal services on all aspects of a case, from start to finish. Limited-scope representation is sometimes called “unbundled legal services” or “discrete task representation.”
I wish you the best.
Rob Kane Orange County Family Lawyer
A:
In California, which is a community property state, assets acquired before marriage are generally considered separate property and not subject to division upon divorce. However, if there have been any improvements to the property using marital funds, or if the property has increased in value due to efforts during the marriage, there might be a claim for reimbursement or sharing in the increase in value.
Since you mentioned living in the house and using a car before marriage, and given that you were together during this time while he worked and you studied, it complicates the situation slightly. The use of these assets and any payments made towards them from marital funds (income earned during the marriage) could potentially be subject to claims for reimbursement by either party.
It's important for you to discuss this matter with a legal professional who can provide guidance based on the specifics of your situation. They can help you understand your rights and obligations regarding the property and assets in question, especially considering the complexity of community property laws and the particulars of your case. Legal advice is crucial in navigating these matters effectively.
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