Is the money for community property regardless where it came from will be put into community property? 1 Answers as of June 10, 2017

My spouse's parents wired $200,000 to the purchase of the family home 8 years ago into a 17 years marriage. My spouse and her family are claiming it was a gift to my spouse and are asking for stating my spouse is entitled to that amount from the community property. The deed states we are joint tenants and no written or oral agreement stating anything about reimbursement or such.

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Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
There's a strong probability based upon the limited facts that you presented in this question that the down payment would be considered a gift to a spouse during the course of the marriage. Gifts to a spouse during marriage by a 3rd party as well as inheritance is treated as separate property. If the $200,000 can be easily traced, then most likely there will be a reimbursement claim that will be asserted. Please meet with an experienced family law attorney to review your situation and your options.
Answer Applies to: California
Replied: 6/10/2017
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