Legal Proof

[Jamj2]

I reside in California and have been divorced for about a month. Part of my divorce settlement (worked out between my x-wife and myself)was the split of a home. We took the equity split it 50/50, and she refinanaced the house. The down payment for the house, was a portion of money inherited by me from my mother. As I understand it that is not community property, and I should have got the amount of the down payment back. Is that correct? If so, what proof would I need to provide in a court of law to get that money back? Thanks, J2.

 

[I AM ALWAYS LIABLE]

My response:

As I understand your post, you are asking about inheritance money that you used for the downpayment of your marital home.

If that's the case, and if you never had an agreement with your wife to keep that money separate, you then, instead, made a gift of that money to the marital estate and it is now "community property". As such, half of that money is your ex-wife's.

If the divorce is final, and a judge has already signed the Marital Settlement Agreement, then it's definately all over, and there's no going back - - even if you had a written agreement to the contrary.

IAAL