Divorce and Separate Property Reimbursement From Contribution to the Community Estate

At the Law office of David P Schwarz we have evaluated many complex divorce separate property contribution cases in Orange County Superior Court. We have tremendous experience tracing separate property contributions to make sure our clients are reimbursed in full from all moneys they contributed to the community estate. Please contact our office at 949 735 9266 or via the web. We can also be reached via email at dpslaw66@gmail.com.

A Divorce lawyer will assist you in getting back your separate property contributions. When a party makes a separate property contribution to the community estate it is for a downpayment on a home during the marriage. Also commonly contributions can done on improvements to real property which is quite common as well. Sometimes the separate property contributions are used to pay down the principal of a loan used to finance the purchase of the community estate.

Separate property contributions cannot be done for payments on interest on loan payments made for maintenance, insurance, or taxation of the property.

An Orange County Divorce attorney will protect your interest and make sure reimbursement on your contributions is forthcoming. The only time a party will not receive their separate property contribution back from the divorce is when there is a written waiver. This waiver in effect denies any reimbursement for the separate property contributions it made for any of the aforementioned prior reasons.

A Divorce lawyer can make sure the manner a contribution can be reimbursed is through the method of tracing. The party usually through an accountant will examine all receipts of payment and deposits into all aspects of any transaction that occurred.

At the Orange County Law Office of David P Schwarz we will request that the Court reimburse the exact amount the party contributed to the down payment or improvement. The party cannot raise the claim of an increase on interest to the amount contributed. In addition, the amount the party gets reimbursed cannot be more than the net value of the property.

Another way the spouse can get reimbursement for separate property contributions occurs also when they contributed to the separate property estate of the other party. They then can also claim reimbursement for the amount they contributed on the separate property of the other spouse.

There is one exception to this situation when the spouses engage in a transmutation in writing waiving their right to reimbursement.

At The Law office of David P Schwarz we are an experienced Divorce lawyer who has extensive practice in separate property reimbursement. We have qualified experts to trace all contributions and make sure our client received the exact amount they contributed. Please contact our office at 949 735 9266 or via the web. We can also be contacted via email at dpslaw66@gmail.com.

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