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(b) If community property subject to the sole management, control, and disposition of one spouse is mixed or combined with community property subject to the sole management, control, and disposition of the other spouse, then the mixed or combined community property is subject to the joint management, control, and disposition of the spouses, unless the spouses provide otherwise by power of attorney in writing or other agreement. The general principle when property is co-mingled is as follows:
If the parties themselves can agree on divisions and classification of properties as community or not, then the Court will usually accept that classification.
You should also be sure to notify your attorney that you have claims for "equitable reimbursement", which is a concept that applies to the payment out of your separate estate (your inheritance) to his college loans.
what about the debts I paid off going into the marriage.....I have receipts of them being his seperate debt and I paid them off with my inheritance to make our budget manageable. Am I entitled to that back as well...he is at fault for the divorce.
If you paid off debt PRIOR to the marriage, then family court may not have jurisdiction over it because you were not yet married. I'd bring it up anyway in the divorce process and let a Judge tell you you can't as opposed to not bringing it up at all. If you paid it AT THE BEGINNING OF THE MARRIAGE, that is where equitable contribution comes in, and you can ask for reimbursement
you have been a great help! I have struggled all along with knowing what is right and knowing what is "the law".
Thank you. You should be sure to let your attorney know the whens & details and HAVE PAPERWORK backing up your position. Good luck
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