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Can I be reimbursed for property acquired during the marriage?

On Behalf of | Aug 1, 2022 | Property Division

Dividing property often leads to disagreement in a California divorce. Whether the parties have been lucky enough to accrue assets of significant value or they are of more modest means, there will still be issues that arise when they try to decide who gets what.

One issue that can come up is if a party is entitled to reimbursement for contributing to the acquisition of the property. Knowing what the law says about this understated concern is important.

Facts about reimbursements and contributions to property

During a marriage, it is common for both parties to contribute to the acquisition of property in some way. For instance, if the parties own a home, both may have contributed to the down payment, the cost of improvements and/or mortgage payments. These will count as contributions to the acquisition. Examples of what would not count toward this include interest on loans, paying taxes, paying for insurance or for maintenance.

When community property is divided in a divorce, the person who contributed can be reimbursed if the money stemmed from a separate property source. For instance, one party may ask for reimbursement if they used money from an inheritance to pay for improvements to the house.

All areas of property division should be discussed when planning to divorce

Reimbursement might not be at the forefront when considering property division, but it can be a vital part of a case. For this or any other concern related to divorce, having help from professionals experienced in all topics related to divorce can be helpful in achieving a positive outcome whether it is through negotiation or by going to court.