I bought a home in 2012 where 90% of the downpayment came from a 401K which I had before we got married and a gift from my parents. After legal separation, I would like to be reimbursed for my separate property as per CA law.
1. Where on FL-100 or FL-160 do I indicate my situation so that the court can take this into account?
2. Can I keep things simple for now by filing just the FL-100, checking off item 7h (property rights be determined) and then filing FL-160 later after a review from a legal professional.
Thanks for you help.
Assuming you purchased the home during the marriage, it's community property and you want to assert your separate property reimbursement right. Note that as of 1/1, FL-100 has been substantially revised. http://www.courts.ca.gov/documents/fl100.pdf Even though it's CP, I'd be tempted to check item 9 and indicate that you're asserting your reimbursement right. And I agree wholeheartedly that you should have counsel help you with the forms.
The court will not be making any decision based on these forms. You mus either sit down and negotiate--ALWAYS preferable-- or go to trial. However, the property is CP now.
All of Ms. Straus’ responses to questions posted on Avvo are intended as helpful information based upon the facts stated in the question, and are not to be relied upon as a full or complete legal opinion. It may not be what you wished to hear, and it does not create an attorney-client relationship. Ms. Straus has been licensed to practice law in California for 30 years. Ms. Straus regrets to report that you cannot get contact information about her in any way, shape or form, as Avvo wont let you. Good luck.
I agree with first answer and also that it is best to have the forms prepared by a legal professional...
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