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Getting divorced in CA. During the marriage, while living in…

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Getting divorced in CA...

Getting divorced in CA. During the marriage, while living in PA, I received a bequest totaling $126k, I can prove that $100k of this was used as down payments, half on a house in PA and half on. House in CA. My husband concedes this. The CA mediator seems to think I only get HALF the proven amount back. Is this correct?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Again, currently residing in CA. First house was in PA, second house was in CA.

Lawyer's Assistant: What documents or supporting evidence do you have?

Everything, closing statements, bank statements, trust letters, etc.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Ni

Submitted: 7 months ago.Category: Estate Law
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Answered in 5 minutes by:
12/8/2017
Estate Lawyer: Barrister, Attorney replied 7 months ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 42,557
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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I would opine no, that under the doctrine of "tracing" if you can trace back where you put your separate money into an asset, you should be able to recover that off the top in any division/disposition. If you were only able to get half back, that ignores the entire concept that it was an inheritance that was your separate property that you invested into the properties.

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You would get exactly half if this was just money that either of you had earned during the marriage to the mediator is completely ignoring the fact that it was your separate funds..

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The only way I can understand them stating this is if it has been so long since the money was invested that they consider it to have "commuted" into just normal community property that is divided equally.

.

.

thanks

Barrister

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Customer reply replied 7 months ago
It was 20 years ago but completely documented.
Customer reply replied 7 months ago
Don’t want a call
Estate Lawyer: Barrister, Attorney replied 7 months ago

Ok, that gives leverage to their response because the courts can determine that after such a long time the property is just community property, not part separate and part community..

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So that would make more sense to me now because after that long, the judge could consider the property to have been "transmuted" into community property entirely.

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That doesn't prevent you from arguing that it is still partially separate, but I think that after that long a judge would just rule it is all community property to be divided 50/50. Inheritances are separate property, but if commingled with community property, it all converts to marital property under the "transmutation principle"

.

.

thanks

Barrister

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Customer reply replied 7 months ago
That is not in accordance woth CA 2460; I think you are incorrect.
Customer reply replied 7 months ago
Don’t need any more charges for wrong answers!
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