inheritence and divorce

[bob0114]

What is the name of your state? California

My wife and I bought a home 3 years ago, using $70000 of her inheritence as the down payment. Since then I've paid all mortage payments and inprovements, about $65000. We are now getting a divorce, is the original downpayment go back to her and then we spilt the rest or does the equity get split 50/50?

Thanks - Rich

 

[I AM ALWAYS LIABLE]

What is the name of your state? California

My wife and I bought a home 3 years ago, using $70000 of her inheritence as the down payment. Since then I've paid all mortage payments and inprovements, about $65000. We are now getting a divorce, is the original downpayment go back to her and then we spilt the rest or does the equity get split 50/50?

Thanks - Rich

My response:

Under long-standing law, a spouse who, during marriage and before separation, voluntarily uses separate property to satisfy a community debt; e.g., a mortgage, is presumed to make a gift to the community and thus is not entitled to reimbursement absent an agreement to that effect. [See v. See (1966) 64 Cal.2d 778, 785, 51 Cal.Rptr. 888, 893; Marriage of Lucas (1980) 27 Cal.3d 808, 816, 166 Cal.Rptr. 853, 858]

In layperson's lingo, in the absence of an agreement, she blew it.

IAAL

 

[LdiJ]

What is the name of your state? California

My wife and I bought a home 3 years ago, using $70000 of her inheritence as the down payment. Since then I've paid all mortage payments and inprovements, about $65000. We are now getting a divorce, is the original downpayment go back to her and then we spilt the rest or does the equity get split 50/50?

Thanks - Rich

As IAAL said, under CA law the equity is going to end up split 50/50. However, I certainly wouldn't do that. If would offend my sense of fairness.
However I also wouldn't take her 70,000 off the top either before splitting the rest. I would calculate her share of the interest, taxes and insurance and deduct that off of the 70,000 first.