How do I ensure my FC2640 claim goes thru?

Asked almost 3 years ago - San Jose, CA

I have a sizeable FC2640 claim for the down payment on the community house. The down payment came from the sale of separate property (house and stocks) owned prior to marriage. This is easy to prove since the money movement is traceable. However, there is a bit of documentation because I sold, at different times, many different stocks that were held by several different brokerages. The proceeds were deposited into a community account for a few days before the house was purchased.

My husband will likely contest it (as he has done with everything else). If I bring all this documentation with me to Trial, will the judge listen to me? Or, do I need to hire an independent forensic accountant?

Thank you.

Attorney answers (2)

  1. Susan L. Jeffries

    Contributor Level 9

    1

    Best Answer
    chosen by asker

    Answered . Establishing a reimbursement claim depends on the evidence and how it is presented. If you can trace the down payment back to a separate property source, you should be successful. If your H has a smart attorney, he will acknowledge your evidence and work on settlement to avoid the cost of trial. If they don't, then you might want to ask the court to have them pay your attorneys fees for the proof hearing.
    You may not need a forensic accountant if you can explain it yourself as the witness.
    The judge will listen to you if you have evidence to present that is relevant and well organized.
    This is a complicated arguement and presenting evidence is subject to numerous rules and procedures.
    you need an attorney with trial experience to do this.

    This is not confidential advice and I am not your attorney until we have had a confidenial consultation by phone... more
  2. Richard Forrest Gould-Saltman

    Contributor Level 19

    Answered . You need to hire an experienced family law trial attorney.

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