During a California divorce, one spouse may make payments to maintain property belonging to both spouses or solely to the other spouse. If so, the spouse making payments may be entitled to reimbursements.
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Individuals going through the divorce process might be surprised to find out that they might qualify for some form of reimbursement. This article will address a few examples pertaining to this important issue. You may be entitled to divorce reimbursements if you made any of the following payments during your marriage.
Child Support Payments
Child support payments or spousal support payments resulting from obligations arising from another relationship. The Court can take any payments made by you into account when considering reimbursements. The Court is concerned with fairness when it comes to separation and moving forward.
One Spouse’s Tort Liability
Community property used to satisfy one spouse’s tort liability or student loan debt.
Divorce reimbursements to a spouse who uses their separate property to pay for preexisting community obligations after the parties’ date of separation. Remember, this only applies to payments made after date of separation.
Divorce reimbursements to one spouse who has a claim against the community for charges related to the other spouse’s use of an asset after the date of separation. When one party has exclusive use of the family residence or vehicle, the party not receiving the benefit may receive reimbursement for their share.
The community has a right to divorce reimbursements when a spouse uses community property to pay his/her separate property obligations.
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