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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116152
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I've been informed that even though my husband used part

Customer Question

I've been informed that even though my husband used part of an inheritance to purchase our home it is still community property under California law. Does that mean he will have to sell the house?
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
Also, he is w2 at $30 per hour but negotiated $60 per hour with $30 being per diem. He doesn't travel for work, he works from home so his take home pay is $8,300 per month. I printed out all the bank statements as proof. Will his support be calculated on his w2 amount or the amount he brings home?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

It is not quite true that just because he used separate funds to purchase your home it automatically becomes community property. Under CA law, all purchases made during the marriage are PRESUMED to be community property. However, when the court can determine the specific amount of separate assets put into a community property asset and CA Family Code 2640 will allow the court to give credit to your spouse for reimbursement of those separate funds he can document that he put into that community property.

The bank will look at ALL of his income, not just what he claims on the W-2, so if you prove he is getting other income, that is calculated as part of his earnings.

Customer: replied 1 year ago.
Thank you! If he removes me from the joint checking or closes the account, is there any repercussions for doing so?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

While the divorce is pending he cannot interfere with or change any community property. Also, he is not supposed to be able to remove you from any account without your signature.

Customer: replied 1 year ago.
Does that mean the home has to be sold?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

It could mean either the home has to be sold or they give him assets or money from the community property to make up his separate property share. It does not mandate that the home has to be sold.