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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33714
Experience:  Attorney with 15 years experience
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A few questions:1. In a divorce in the state of california,

Customer Question

a few questions:1. In a divorce in the state of california, how is real estate divided in this scenario:
woman pays 25% downpayment and qualifies alone before marriage. The house is only in her name. Then during the marriage she pays for the entire remodel from her own funds. 8 years later the house is still in her name. but their personal funds have been co-mingled.2. how is spousal support determined?
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Did the husband contribute any funds towards the house?
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Were marital funds used to pay any mortgage?
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What is the comparison of their incomes? (H makes more, W makes more..)
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Has the total duration of the marriage been 8 years before divorce was filed?
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thanks
Barrister
Customer: replied 1 year ago.
Did the husband contribute any funds towards the house? Not from his separate account. At some point, we did co-mingle funds: he was sometimes paid his fee's for directing or writing through my S corp. and then Paid a salary from that S corp. Those funds primarily went into his separate B of A account.
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Were marital funds used to pay any mortgage? We had one joint Wells Fargo account into which funds were only put from my own Wells Fargo accounts
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What is the comparison of their incomes? (H makes more, W makes more..) I make more. we are both in the entertainment industry but I have consistently made over twice what he has made.
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Has the total duration of the marriage been 8 years before divorce was filed? it will be 8 years this Aug 31st
Expert:  Barrister replied 1 year ago.
Ok, if the house was wife's before the marriage and she is the only one on the deed, then the house would be considered her separate property to the extent of its value at the time of marriage and any separate money that she put into it for renovations. Husband would have a claim for any appreciation that occurred from the time that marital funds were used to pay towards any mortgage payments.
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This is under the legal doctrine called "tracing" and "commingling". It allows the wife to receive her separate fund contributions back out of any sale of the house and then any appreciation would then be divided equally. The spouse must be able to “trace” the funds back to their separate property source to prove that some of the funds in the account at the time of divorce are separate.
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As for spousal support, this is based on a host of factors, with the respective spouses' incomes, length of marriage, standard of living, and ability to support themselves being a few of the primary factors.
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The law states:
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""In ordering spousal support under this part, the court shall consider all of the following circumstances:
(a) The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage, taking into account all of the following: (1) The marketable skills of the supported party; the job market for those skills; the time and expenses required for the supported party to acquire the appropriate education or training to develop those skills; and the possible need for retraining or education to acquire other, more marketable skills or employment. (2) The extent to which the supported party's present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote time to domestic duties.
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(b) The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party.
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(c) The ability of the supporting party to pay spousal support, taking into account the supporting party's earning capacity, earned and unearned income, assets, and standard of living.
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(d) The needs of each party based on the standard of living established during the marriage.
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(e) The obligations and assets, including the separate property, of each party.
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(f) The duration of the marriage.
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(g) The ability of the supported party to engage in gainful employment without unduly interfearing with the interests of dependent children in the custody of the party.
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(h) The age and health of the parties.
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(i) Documented evidence of any history of domestic violence, as defined in Section 6211, between the parties, including, but not limited to, consideration of emotional distress resulting from domestic violence perpetrated against the supported party by the supporting party, and consideration of any history of violence against the supporting party by the supported party.
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(j) The immediate and specific tax consequences to each party.
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(k) The balance of the hardships to each party.
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(l) The goal that the supported party shall be self-supporting within a reasonable period of time. Except in the case of a marriage of long duration as described in Section 4336, a "reasonable period of time" for purposes of this section generally shall be one-half the length of the marriage. However, nothing in this section is intended to limit the court's discretion to order support for a greater or lesser length of time, based on any of the other factors listed in this section, Section 4336, and the circumstances of the parties.
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(m) The criminal conviction of an abusive spouse shall be considered in making a reduction or elimination of a spousal support award.
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(n) Any other factors the court determines are just and equitable. (California Code - Sections: 4320, 4324, 4330)""
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So as you can see, there is a lot that goes into a support decision. But in an 8 year marriage, the general rule under (l) above is that support shouldn't continue for longer than half the duration of the marriage.
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thanks
Barrister
Customer: replied 1 year ago.
got it. thank you.
another question unrelated, with this service, i have paid for this month. does it automatically renew? and if so, how do i cancel once I have all my answers? thanks
Expert:  Barrister replied 1 year ago.
Honestly, I am just an independent contractor on the site and don't know how JustAnswer bills customers. But if you didn't sign up for some type of subscription, it would only be a one time fee. If you aren't sure whether you signed up for a subscription, you can contact customer service to make sure.
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thanks much
Barrister
Customer: replied 1 year ago.
thanks so much
Expert:  Barrister replied 1 year ago.
You are very welcome. Glad to help any time..
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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.
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thanks much
Barrister

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