Andrea Kaye And Stan Prowse Legal Eagle Radio

Separate Property in A Divorce There are many things to consider if you’re thinking about divorce.  One of the most important considerations is records.  If you have what you think is separate property, be prepared to defend it, because you have the burden of proof.  Proving that “no” community property has gone into your separate property is the problem.  If community property has paid any expenses of your separate property, the community is entitled to reimbursement, so you lose half of the amount in question. If community property has paid part of the purchase price, made a mortgage payment that partially reduced the principal, or paid for part or all of an improvement that likewise increased the value, the community acquires a proportionate interest in the property.  This has a snowball effect if we are talking about a series of properties of increasing value. Accurate Financial Records of Separate Property Avoiding a community reimbursement claim or a community interest claim requires accurate and comp