Q: If separate funds was used to purchase a home during marriage is it separate or community
Immediately upon getting married I sold my separate home, then took separate money and purchased a new home while married, my then wife did not and could not contribute she still owned a separate home. Upon sale of her home she moved into the new home i purchased. Is this still considered community property since it was purchased during the marriage?
A: Arguments can be made that it's separate property or that it's community property. I would suggest you sit down with a community property or family law attorney to specifically discuss this and determine a strategy for what you desire and if it's practical. For example, one needs to look at the cash sale for the home you purchase and see if it identifies it as separate property, what it says as to your marital status, whether or not your wife signed it. Also, I would be curious to know what happened with the proceeds of the sale of your wife's home? These are all factors. Good luck.
A: I believe technically that the new house would be considered community; however, you would have a reimbursement claim for your separate funds that were used for the purchase of the community property.
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