Is Money from Previous Marriage Treated As Community Property

[fairca]

My question involves a marriage in the state of:california

My wife had another marriage before marrying me. Now she is divorcing the 2nd time with me. She had agreement with her ex-husband that her ex will give her $30k after their divorce. The $30k was given to her during our marriage and it is put on our joint account and we use this money together with our income to purchase a house. Will this $30k be treated as community property or her separate property?

Thanks.

[Mr. Knowitall]

No doubt it will be one or the other, depending on the full facts. It may be possible for you to argue that the funds have been merged into the marital estate; it may be possible for her to argue that they remain her traceable separate asset. Talk over the details with your divorce lawyer.

[fairca]

thanks.

We kind of facts needed for decision?

[aaron]

Facts that would shed light on whether or not the assets have merged into the marital estate - how traceable they are, how they've been managed or sequestered during the marriage, etc.

[fairca]

this money is depostit to our joint saving account,say 40k and late on the joint saving account money is for our down payment of hourse purchase. Now the house is saled. And say the house sale is 60k. Should she got 40k fully refund to her or we just evenly distribute this 60k?