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How to prove that property is separate?

Discussion in 'Division of Marital Property' started by rom299, Mar 12, 2020.

  1. rom299

    rom299 Law Topic Starter New Member

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    Jurisdiction:
    California
    At divorce my Ex (we are both ProSee) raised question about the house purchased during the marriage with my dad's funds and placed into his trust. My dad is overseas and all the funds came from foreign country. My personal account was used as intermediary account: first money came there, then I paid to escrow. Our family had no enough income to purchase this house (as it seen on our tax returns). I explained that to the judge. He only said: bring me the papers. No specifics. I am confused what exactly should I bring? Of course, I got copy of official records from the Recorder (Accessor) Office. It shows that title to the property is held in the name of dad's Trust dated as of... I do have original trust. In addition, I have Release from my Ex. (1 yr ago, being separated, as a trustee for dad's trust I took loan. Financial company in CA ask for spousal Release no matter what. And she signed Notarized InterSpousal Transfer Deed no questions asked. (and now because we are disagree on the amount of child support, she brought this house question). Quit claim says ...Me, a married man "as his Sole and Separate property”.) Is it enough to show to the judge? Does it cut her ties with this property? Or judge meant I have to trace all the money and bring full accounting? With the prove that this was dad's money used.
    PS, That was 8 years ago. And I do not have now all the wire transfers papers from the foreign bank. And will have hard time to request them. Bank will not even reply.
     
  2. army judge

    army judge Super Moderator

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    Routing the funds through an account that names husband and wife transformed what MIGHT have been argued "separate" funds into community property funds.

    You should discuss this matter with two or three family law attorneys in your county of residence.

    The initial conference is often provided at no cost to potential clients.

    Bottom line, if you seek REAL justice, expect to buy it.
     
    hrforme likes this.
  3. Tax Counsel

    Tax Counsel Well-Known Member

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    What the judge needs to see is the tracing of all funds that were put into the property. If all the funds can be traced to your inheritance then it would be separate property. So ideally you want to show the transfers of funds from the trust to you and then your use of the funds to buy the house. You'd also want the trust documents showing that this was your father's trust and that the amounts you got were gifts to you. And the title showing the house in your name only is also useful. It'd be a good idea to consult a family law attorney or two as army judge suggested.
     
    rom299 likes this.
  4. Zigner

    Zigner Well-Known Member

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    There was no inheritance at play. The OP's dad sent him the money and the OP bought the house with title held by his dad's trust.
     
    rom299 likes this.
  5. zddoodah

    zddoodah Well-Known Member

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    Why didn't you ask him for clarification at the time?

    This stuff is all out of context. What sort of release? What "financial company"?

    No one here has any conceivable way of knowing whether a deed we haven't seen will be acceptable for purposes of a request that we haven't heard or read made by an unidentified judge in an unidentified county.

    Again, we haven't seen the document and don't know all relevant facts and circumstances (including why a house in your father's trust's name is even an issue in your divorce).

    Time to stop playing around as a pro per party (not "ProSee") and hire yourself a lawyer.
     
  6. rom299

    rom299 Law Topic Starter New Member

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    Zigner got it exactly right!!!!!!!! There was no inheritance.
    The reason why QuitClaim from Ex to me was read as: "separate property of married man...." ---- I do not know how to explain it... When I took loan, Fin Company did not like to deal with some foreigner's trust. They preferred America based real person (me). And they (Fin Co) re-registered property under my name, asked me to get Release from my Ex, loaned money to me personally, and then placed property back to the same trust with Recordar Office (I guess they paid twice $375 fee for registering it to/from Trust)
     
  7. rom299

    rom299 Law Topic Starter New Member

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    Zigner got it exactly right!!!!!!!! There was no inheritance.
    The reason why QuitClaim from Ex to me was read as: "separate property of married man...." ---- I do not know how to explain it... When I took loan, Fin Company did not like to deal with some foreigner's trust. They preferred America based real person (me). And they (Fin Co) re-registered property under my name, asked me to get Release from my Ex, loaned money to me personally, and then placed property back to the same trust with Recordar Office (I guess they paid twice $375 fee for registering it to/from Trust)
     
  8. rom299

    rom299 Law Topic Starter New Member

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    zddoodah,
    By Release I meant InterSpousal Transfer Deed. Pre-printed standard form. We only filled in the blank: my name, her name , address,
     

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