My spouse and I are close to a settlement. She owns 4 homes w/ her brother. 3 are rental properties. 1 we lived in togehter since 2001 w/ our kids. All 4 poperties were bought during domestic partnership. She also has 20% ownership in a family business which was created before DP. And has 2 IRA opened during marriage/DP.
I am being told I can't begin to claim any of it community property because all of those items were gifted to her by her family. I guess my question is, if we go to trial, is it my responsibility to find evidence there is some community interest, or is it my ex's job to prove they were indeed gifted to her.
Another add on question to that. She has disclosed evidence that all rental incomes are desposited into her sole owned checking acct. And she turns around and makes the mortgage payments. --even the morgage payment to the home I was residing in w/ kids. One where our community money was spent to improve the value of the home. She has claimed her rental income as income to the courts when comes to calculating child support.
I am thinking I could say there is some commingling at least to the home we lived in together as her passive income did pay the mortage. -- despite the home being bought as a "gift". Please let me know your thoughts.
thanks.
I am being told I can't begin to claim any of it community property because all of those items were gifted to her by her family. I guess my question is, if we go to trial, is it my responsibility to find evidence there is some community interest, or is it my ex's job to prove they were indeed gifted to her.
Another add on question to that. She has disclosed evidence that all rental incomes are desposited into her sole owned checking acct. And she turns around and makes the mortgage payments. --even the morgage payment to the home I was residing in w/ kids. One where our community money was spent to improve the value of the home. She has claimed her rental income as income to the courts when comes to calculating child support.
I am thinking I could say there is some commingling at least to the home we lived in together as her passive income did pay the mortage. -- despite the home being bought as a "gift". Please let me know your thoughts.
thanks.
