January 7th, 2009 Filed Under naaktbelgisch.com edit
My wife and I married in July of 2000 in California. Upon getting
married, I moved into the house she had been living in (let's call
this House A). In September 2000 we entered into an escrow for a new
home (House B). Her parents wired the initial downpayment for House B
to her, and she transferred all of those funds to the escrow company
as the downpayment for House B. I paid all mortgages, property taxes,
etc. for the next 5 years. I was added to the title of House A in
January of 2001. We remained on title jointly through June 2005.
We sold House B, and rolled all equity into House C. We sold House C
and rolled all equity into House D. In June of 2005, she insisted we
quit claim House A to her parents (who had been paying the mortgage
the whole time, but was in our names, jointly). I signed the quit
claim, and in August she told me she wanted to divorce. We filed for
divorce in August 2005, and sold House D in December 2005. She claims
she gets the downpayment for House B back, since the money was for the
sale of House A, to her parents. I find this hard to believe as House A was in
our name until June 2005, there was never an escrow for this "sale"
and there was no purchase agreement for House A. I maintain that the
proceeds from the sale of House D (including the downpayment for House
B) should be split 50/50. Which position will California Law support?
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