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What is a claim for reimbursement?

Posted by Helene Parker | May 07, 2018 | 0 Comments

Definition:  When a marital estate (whether it's a community property or a separate property) contributes benefits to another marital estate and the contributing estate wants to be reimbursed for those contributions.

What can be reimbursed?

Here are some examples:

(1)  When one spouse uses his/her separate property asset to pay the unsecured debts, such as credit card debts, of another spouse.

(2)  When one spouse's marital estate uses his/her separate property to reduce the principal amount of another spouse's secured liabilities.  Example:  When the community estate is paying for the mortgage of the other spouse's separate property house.

(3)  When one spouse's marital estate uses his/her separate property to enhance the value of the parties' community property.  Example:  When the spouse uses separate property cash to pay for the construction of a pool placed in the community property home.

What is the legal effect?

If a spouse establishes and proves a claim for reimbursement, the court may award an amount to the contributing spouse that is equal to the amount of contribution.

About the Author

Helene Parker

Ms. Parker has been a licensed attorney in Texas since 1997.  She is Board Certified in Family Law. Ms. Parker received her B.A. from California State University, Fullerton in History and Art.  Cal State Fullerton was not Ms. Parkers first university; she spent her freshman year at American Uni...

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