Separate Property?

[falcon99usa]

What is the name of your state (only U.S. law)? CA
I purchased my house before marriage, and my wife is not on title. I refinanced my house in April this year and place $35,000 in my checking account. Within 2 weeks I paid off our credit cards total $19,000 in full. Wife filed for a divorce in December. Can I get reimbursement for $19,000 claiming separate property? She is not working and we keep separate accounts.

 

[Antigone*]

What is the name of your state (only U.S. law)? CA
I purchased my house before marriage, and my wife is not on title. I refinanced my house in April this year and place $35,000 in my checking account. Within 2 weeks I paid off our credit cards total $19,000 in full. Wife filed for a divorce in December. Can I get reimbursement for $19,000 claiming separate property? She is not working and we keep separate accounts.

I take it you did not have a prior agreement about her paying some of this debt, right? Sound like buyer's remorse to me.

 

[falcon99usa]

The rest of money $26,000 was invested in purchasing the car and shipping it to Europe to make profit. The profit on car would make the refund to me for paying credit cards bills.The idea was to buy another car after first one is sold, and ship it again to Europe to make profit again. The agreement was verbal only to repay back credit cards payments with profit making on cars. I did purchased the first car and shipped to Europe, but now I do not have the car nor the money. Wife in possesion of the car in Europe, and I don know if the car is still for sale or sold already. The vehicle was purchase through my own business and my wife was employee to handle the sale.

 

[mistoffolees]

Did you use marital assets to pay any of the housing expenses? If so, at least some of the house equity (less the amount you brought into the marriage) would be marital and thus refinancing it would not be separate.

If you had never used marital assets (including your salary earned while you were married) to pay any of the housing expenses, you MAY be able to claim that the equity in the house is separate property. It doesn't sound likely, though.

 

[garrula lingua]

Google "Moore-Marsden formula" and also research 'forensic accountant 'tracing' separate property'.
CEB (Continuing Education of the Bar) has an excellent soft-bound publication on Family Law issues. Go to your County Law Library & have a good read.