My question involves a marriage in the state of: CA
Husband purchased a home in May of 1998 with his own $100,000 down payment before marriage.
Husband and Wife were married on July of 1999.
The original home was titled in his separate name and he made all payments up until the day it was sold after marriage in July of 2001.
Husband then applied his $150,000 in equity as a down payment on a new home . Payments of the mortgage were subsequently made from joint bank accounts after that date to the present.
The second home was originally titled in both names, and later refinanced and placed in wife’s name only (for business reasons).
The question are as follows:
Under CA Family Code 2640, is the husband entitled to be reimbursed the $150,000 down payment from community property when the home is sold?
A prenuptial agreement was also signed by husband and wife (reviewed by counsel to each party) that specifically excluded Husband home from community property. This expired after 10 years of marriage but clearly showed “intent” to not donate these assets to the community.