Tuesday, July 24, 2007

More Divorce Questions

Real divorce advice by family law attorneys and divorce lawyers serving the Hemet, Murrieta, Temecula and other areas of Riverside County, California.

Dear Famularo & Associates:

My husband and I are going to file for divorce. We bought a house about 10 years ago. All of the money for the down payment ($20,000) was my money before we got married. We agreed that it would remain my money. Now, all these years later we want to sell the house. I think when we divide property in the divorce that I should get the first $20,000 from the sale. He doesn't want to give me that. What do you think?
--Emily in Temecula

Dear Emily:
You are absolutely right; when you divide property in the divorce you get your $20,000.00 down payment back. We call this a "2640" reimbursement, based upon California Family Code Section 2640. However, in order to qualify for this reimbursement, your husband would either have to admit that you put a $20,000.00 down payment on the home from your separate property, or you would have to be able to "trace" the money. To trace the money, you must provide the court with copies of receipts and bank statements showing the $20,000.00 was earned by you before you got married, and that you used that money for the purchase of the home. If you can do so, then you will be entitled to a 2640 reimbursement.

If you qualify for a reimbursement of your separate property, you will recieve your $20,000.00 back-- right off the top-- when the house is sold. You are not entitled to any interest on your money. As an example, if you now have $100,000.00 in equity in the home, you will get your $20,000.00 back before the rest of the money is divided. This would leave a balance of $80,000.00. That $80,000.00 will then be split equally between you and your husband, with each of you receiving one-half of the remaining $80,000.00, or $40,000.00 each. Thus, your total award from the house would be your $20,000.00 down payment, plus the $40,000.00 for your one-half of the remaining equity, for a total award of $60,000.00.
-- Famularo & Associates

Dear Famularo & Associates:

I saw your answer to a question on your divorce website, and I had another if you don’t mind answering. I am seeing someone that had just filed a for divorce. They are going through a 6 month divorce process. If for any reason the soon-to-be ex-wife finds out we are seeing each other, is there any way that she can prolong the divorce? Or if she was being spiteful is there a way she can make him pay monetarily?
--Delila in Stanford

Dear Delilia:

Legally there is nothing the ex can do to stop the divorce, but practically speaking she could file paperwork to take your boyfriend to court and ask for things like support. However, it does not mean the ex will actually win. My advice to you is to lay low. Try not to flaunt your relationship and hope the divorce goes smoothly.
-- Famularo & Associates

If you live in the Temecula, Murrieta, Hemet or Riverside areas of Riverside County, California and if you need divorce information, please feel free to contact our office to set up an appointment with a family law lawyer at: (951) 816-9543.
For more information, please visit our websites: Temecula Divorce, Family Lawyer in Temecula, or Riverside County Family Law

1 comment:

Anonymous said...

I'm considering divorcing my husband; prior to our marriage he put a downpayment on the house we're living in, using his inheritance money. He added me to title after our marriage. Now, after the market went down, the house is worth less than we owe the bank by 20,000. How does this work when property is divided? Does he loose his inheritance portion?