In some divorce cases, you might be entitled to a reimbursement if you or your spouse have a separate estate in addition to the community estate (the property you have in common in the marriage). If, for example, you spent capital from your separate estate towards your spouse’s separate estate or the community estate, you are owed restitution for the funds you spent. The reimbursement would be dollar-for-dollar if you contributed to your spouse’s estate from your own private estate and would be fifty percent if you contributed from your private estate to the community estate.
Here are some examples of instances in which you might qualify for a reimbursement:
- If you’ve made payments from your separate estate or the community estate towards debt your spouse acquired before the marriage. Ex: money from the community estate goes to pay for a home and mortgage your spouse acquired before the marriage.
- If you’ve made payments from your separate estate or the community estate towards debt on property secured by your spouse during the marriage by gift or inheritance. Ex: your spouse inherits a home with a mortgage and you contribute by paying from your separate estate.