Wednesday, February 16, 2011

WHAT ARE MY EX-HUSBAND'S RIGHTS REGARDING MY SEPARATE PROPERTY HOUSE?

The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: What will happen to my house after a divorce in California? I owned the house before we were married. My ex made some improvements to the house during our marriage. How will this house be affected by divorce under California family law?

ANSWER: If the funds used to improve your house were your husband's separate property funds, and the value of your house was enhanced by the amount of his separate property improvements, he may have a dollar-for-dollar right of reimbursement for his traceable separate property that went into your house.

If the source of the improvement funds was community property, i.e., your husband's and/or your marital earnings, then the community may have such a dollar-for-dollar right of reimbursement [your husband's share of the community reimbursement would be 1/2, and the other 1/2 would be your share].

However, if you and/or your expert can demonstrate with competent evidence that the value of your house was not enhanced by the improvements [as might be the case if your husband converted a bedroom into an office for his own use, and it didn't enhance the value of the house], you may be able to persuade the Court not to allow reimbursement.

This blog was brought to you by DONALD F. CONVISER, a Los Angeles Divorce Attorney.

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