California Divorce Laws

Rights of Reimbursement - Obtain Reimbursements During Divorce

California is a community property state, meaning that marital property is generally divided equally upon divorce. Does this mean that all assets owned by you and your spouse, and all money you paid towards property owned by you and your spouse, will be split equally?

Not necessarily. In many instances, separate property and contributions made towards community property using separate property can be re-obtained through the right of reimbursement.

Rights of reimbursement are often made in instances like these:

• Down payments made towards a home using assets that were acquired by one party before marriage
• Payments made towards the improvements of a home or other real property using monies that were acquired by one party before marriage
• Inherited money is used to acquire community property
• Separate property is used to reduce principle of a loan for community property

You may also have the right to receive reimbursement in your final settlement if you made extra payments for you and your spouse after your divorce was filed.

If you have questions regarding your rights to reimbursement or need legal help pursuing or defending against a right of reimbursement claim, family law lawyers Elizabeth Lewis and Mary Naimish can provide experienced help. We have practiced family law for a combined 30 years and have successfully helped hundreds of clients collect or defend against reimbursement claims.

In addition to our legal experience, our credentials and qualifications include:

• A lawyer certified by the State Bar of California Board of Legal Specialization as a family law specialist
• Our team includes a 2007 Norby award recipient; the Norby award is offered to one attorney annually by family law judges of the San Diego Superior Court
• Our team includes a pro tem judge in San Diego Superior Court

For more information regarding marital property and rights of reimbursement, contact our firm for a no-charge discussion.

Contact Us

If you face a family law challenge in San Diego County, contact the attorney team of Naimish & Lewis. We offer free initial consultations, accept Visa, Master Card, American Express and Discover, employ two Spanish speakers and are conveniently located close to Liberty Station, formerly known as the Naval Training Center. We also offer payment plans. To contact our firm, call 619-817-8458 or 866-834-4075.