CALIFORNIA FAMILY LAW
...Family Residence/Real Property
......S/P Contributions to C/P Residence
.........Post-1984 Acquisition
............Reimbursement Granted
 12 Cards On This Topic:
  • Spouse's right to reimbursement for s/p contributions to c/p home carries through to other c/p acquired with loan proceeds secured by original home.
  • If a spouse purchases c/p with s/p and does not sign a waiver, then she has a substantive right to reimbursement of those s/p funds under FC 2640(b), regardless of donative intent.
  • Parties’ transmuted s/p joint tenancy residence into c/p by their actions during marriage, hence FC 2640 (b) reimbursement proper.
  • Court disagrees with logic of permitting 2640 reimbursement for s/p interest in residence on date spouse's name added to title of s/p residence, but reluctantly follows it.
  • W did not waive her right to reimbursement of s/p contributions into c/p residence by having H sign note secured by DOT to secure her contributions.
  • H has right to reimbursement for his s/p contribution to home purchase where neither premarital agreement, nor quitclaim deed waived his reimbursement right.
  • H entitled to reimbursement of s/p used for home construction and fees re building permit but not additional sum where no evidence it was spent on improvements as opposed to interest, another purpose or returned to H.
  • "Trace" in Fam. Code §2640 has no rigid requirement that spouse submit authenticated written documentation showing exact value for real s/p later transmuted into c/p.
  • Former Civil Code section 4800.2 applies, even if contributing party intends gift.
  • Written waiver must show knowledge of existence of right of reimbursement and intention to relinquish it.
  • If property "acquired" by adding other spouse's name to previously s/p asset, amount reimbursed is s/p equity on date of conversion.
  • Amount reimbursed per former Civil Code section 4800.2 included s/p gifts.


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