(a)“Contributions to the acquisition of property,” as used in this section, include downpayments, payments for improvements, and payments that reduce the principal of a loan used to finance the purchase or improvement of the property but do not include payments of interest on the loan or payments made for maintenance, insurance, or taxation of the property.
(b)In the division of the community estate under this division, unless a party has made a written waiver of the right to reimbursement or has signed a writing that has the effect of a waiver, the party shall be reimbursed for the party’s contributions to the acquisition of property of the community property estate to the extent the party traces the contributions to a separate property source. The amount reimbursed shall be without interest or adjustment for change in
monetary values and may not exceed the net value of the property at the time of the division.
(c)A party shall be reimbursed for the party’s separate property contributions to the acquisition of property of the other spouse’s separate property estate during the marriage, unless there has been a transmutation in writing pursuant to Chapter 5 (commencing with Section 850) of Part 2 of Division 4, or a written waiver of the right to reimbursement. The amount reimbursed shall be without interest or adjustment for change in monetary values and may not exceed the net value of the property at the time of the division.
Notes of Decisions
In Re Marriage of Haines, 95 Cal. Daily Op. Serv. 2126 (Cal. Ct. App. 1995).
· cites it 2× “2 (Fam. Code, § 2640). In short, it is a classification or characterization of property issue—whether the residence was community property or separate property after the 1987 deed was executed.”
In re Marriage of McLain, 7 Cal. App. 5th 262 (Cal. Ct. App. 2017).
“The family court (1) ordered Husband to pay Wife $4,000 per month in spousal support; (2) awarded Wife $5,500 in attorney’s fees; and (3) denied Husband’s request for reimbursement of alleged separate property contributions used to construct a residence (Fam. Code, § 2640). 1…”
Bono v. Clark, 2002 Cal. Daily Op. Serv. 11689 (Cal. Ct. App. 2002).
“(Fam. Code, § 2640, subd. (b) [separate property contributions to community property, if traced and unless waived, are reimbursed “without interest or adjustment for change in monetary value”].”
Geraci v. Geraci, 144 Cal. App. 4th 1278 (Cal. Ct. App. 2006).
“4 This section provides: “(a) ‘Contributions to the acquisition of property,’ as used in this section, include downpayments, payments for improvements, and payments that reduce the principal of a loan used to finance the purchase or improvement of the property but do not include…”
Allen v. Allen, 2002 Cal. Daily Op. Serv. 1825 (Cal. Ct. App. 2002).
· cites it 2× “’ ” (Fam. Code, § 2640, subd. (a); see Wolfe, supra, 91 Cal.”
In Re Marriage of Starr, 189 Cal. App. 4th 277 (Cal. Ct. App. 2010).
“(Fam. Code, § 2640, subd. (b).) Ron contends this rule is subject to Family Code section 2580, which declares the Legislature’s findings and declarations in a part of the Family Law Code devoted to establishing a uniform method for determining the character of property acquired…”
Walrath v. Walrath, 952 P.2d 1124 (Cal. Ct. App. 1998).
“I concur in the majority’s conclusion that a spouse’s statutory right, upon the division of community property, to reimbursement of his or her separate property contribution to the community estate (Fam. Code, § 2640, subd. (b) (§ 2640(b))) 1 is not confined to reimbursement…”
Rodriguez v. United States, 69 Fed. Cl. 487 (Fed. Cl. 2006).
“2d 285, 288 (1980), superseded in part by statute, Cal. Fam.Code § 2640, as recognized in In re Marriage of Walrath, 17 Cal.”
Clarke v. Akel (In re Clarke), 228 Cal. Rptr. 3d 483 (Cal. Ct. App. 5th 2018).
“Family Code section 2640, subdivision (b), provides in relevant part: "In the division of the community estate under this division, unless a party has made a written waiver of the right to reimbursement or has signed a writing that has the effect of a waiver, the party shall be…”
In Re Marriage of Koester, 99 Cal. Daily Op. Serv. 6057 (Cal. Ct. App. 1999).
“” (Fam. Code, § 2640, subds. (a) & (b).) 1 With the enactment of the reimbursement statute, however, it becomes too easy to forget that the Legislature never intended to overturn the much older line of cases stemming from Pereira v.”
Est. of Castiglioni, 95 Cal. Daily Op. Serv. 8781 (Cal. Ct. App. 1995).
“” 9 Family Code section 2640, subdivision (b), reads in part: “In the division of the community estate under this division, unless a party has made a written waiver of the right to reimbursement or has signed a writing that has the effect of a waiver, the party shall be…”
— Cal. Family Code § 2640(b) — 2 cases
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