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DID YOU KNOW BY FAMILY LAW ATTORNEY F.M. ZAVALA

REIMBURSEMENTS FOR SEPARATE PROPERTY USED TO PURCHASE FAMILY HOME


Under California Family Code section 2640.


(a) “Contributions to the acquisition of real property,” as used in this section, include down payments, payments for improvements, and payments that reduce the principal of a loan used to finance the purchase or improvement of the property but do not include payments of interest on the loan or payments made for maintenance, insurance, or taxation of the property.


(b) In the division of the community estate under this division, unless a party has made a written waiver of the right to reimbursement or has signed a writing that has the effect of a waiver, the party shall be reimbursed for the party’s contributions to the acquisition of property of the community property estate to the extent the party traces the contributions to a separate property source. The amount reimbursed shall be without interest or adjustment for change in monetary values and may not exceed the net value of the property at the time of the division.



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