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  1. #1
    Join Date
    Feb 2006
    Location
    los angeles
    Posts
    26

    Default Community Property vs. Sole and Separate Property

    After studying mix v mix and see v see.
    My question still remains unanswered. I will classify myself as petitioner and my spouse as respondent.
    Here it goes;
    A property is purchased with petitioners separate funds as down payment and petitioners separate financial records soley for the loan or mortgage on the property, respondent signs quick claim to petitioner at time of purchase as sole and separate property. My once sole and separate account of 10 years becomes community account after marriage, remains in the sole name of petitioner but receives income mainly from petitioners work, this account thereafter pays the mortgage and improvements, however petitioners sole and separate funds from a separate savings account that put the down payment on the property loans this now community account monies and then recoups them back as loans to business, community account is not in a deficit at time of loan or recoupment and community is not any less financially burdened.
    Is this a sole and separate purchase if traceable.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default

    Try dumping the pseudo-legaleze and asking the question in plain English.

  3. #3
    Join Date
    Feb 2006
    Location
    los angeles
    Posts
    26

    Default community property verses sole and separate.

    Sorry if that was not clear enough, it was late when I typed it.
    I am trying to lay out a solid financial foundation for my divorce case, proving sole and separate ownership by tracing funds paid from a co miongled account.
    I am aware that even though a spouse signs a quickclaim they can also state that they did not know it would deny them rights to that property, so I am left with having to prove that payments made where indeed sople and separate and trace each item of payment.
    My problem is however that the main community account was not exhausted at time of purchase, the funds were drawn from a separate account to purchase the property and the the loan was given in one name.
    I would like to know if I have a case worth pursuing and the best way to lay out a financial document stating and proving these transactions.
    Many thanks

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default

    If the funds have been commingled, tracing their source is probably not going to be helpful. Are you working with a divorce lawyer? With apparently significant separate property issues and claims, if not I would recommend that you consider retaining counsel.

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