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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 9903
Experience:  Experienced Family Law Attorney
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In the state of california, when a couple is divorcing, what

Customer Question

in the state of california, when a couple is divorcing, what are the laws regarding a mobile home? the wife put a down payment down and got a loan for it prior to marriage and is the only one on the title. then during the marriage she continued making
all the payments herself. does he have a right to half of the net value? or is this her sole property?
Submitted: 2 years ago.
Category: Family Law
Expert:  LegalGems replied 2 years ago.
A few minutes please as I look into this for you.
Expert:  LegalGems replied 2 years ago.
Thank you for your patience.
So in California, the court, upon divorce, will characterize property as community, or separate.
Separate property is that which is acquired prior to marriage, while community property is that which is acquired during marriage (unless by gift/inheritance).
If a party has their separate property and then makes payments on the separate property with community funds (funds earned by either party during marriage), then the community has a right to reimbursement for the money that is paid towards principal. The courts have determined that the community is not entitled to reimbursement for insurance or taxes.
This explains the court's analysis:
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Expert:  LegalGems replied 2 years ago.
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