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Questions: 1) Does Mary have any claim to the pre-marriage equity? Yes. I would call all of the interest in the house community property by now, due to commingling of post marriage separate property earnings to pay the mortgage, insurance and taxes on the house, also it looks like you refinanced at some point, further eroding the separate property equity claim. But you have a claim for reimbursement for the reduction in principal on the loan since 2008 if you separated at that time, meaning maintained separate bank accounts etc. 2) Does Mary have any claim to the proceeds from the sale of rentals “A” and “B”? Yes, unless you can show you purchased with pre-marital funds and didn't contribute community property earnings to pay any of the rental houses' expenses. the rental houses and the gain on sale are presumed to be community property as bought during marriage. 3) Does Mary have any claim to child support from Gary for her sole financial support (January 2008 through their HS years, into college and up to the present time)? No. that would be for retroactive support which is not allowed. 4) Does Mary have to divorce Gary to force her 50% ownership of the stock? Not sure on the stock. I know she could file for legal separation ( same process as a divorce) and get a court ordered property division in that proceeding. She could also file a partition case, that is where you ask the court to divide a jointly owned asset, but I have not heard of that being done between spouses.
After reviewing the California codes and your responses, we were wondering if you could further clarify some information.
Also, we are asking these questions on behalf of Mary, I am her son requesting this information for her.
Mr. Scott, as for the co-mingling, there was no joint bank accounts or co-mingling during the entire term of the marriage. Mary did not contribute towards the Mortgage, Property Tax, or Insurance of the house. Although she did pay for things like clothing, food and other household use items.
Regarding rental properties A and B, the money from the sales is not in a bank account, and has been spent for years. We were wondering if she could be compensated for her share of rental properties A and B, from this sale of their personal residence.
As a reminder, the only current assets are the equity in the sale of this personal residence, and the molecular stock.Thanks again for your help and quick responses.
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