How do I make a legal claim for reimbursement if my separate property was used to pay for community expenses during the marriage?

In a California divorce, you can claim reimbursement for your separate property contributions used to acquire or improve community property assets. This claim must be formally made and proven with documents during your divorce proceedings. Here is how to make a legal claim for reimbursement: Step 1: Gather Proof of Your Separate Property Before you can claim reimbursement, you must prove the funds were your separate property. Collect documents that show the source of the funds, such as bank or investment account statements from before the marriage, inheritance documents, or records showing a gift was made solely to you. Step 2: Trace the Funds to the Community Asset You must create a clear "paper trail" showing your separate funds were directly used to acquire or pay down a community asset. Collect bank statements showing the withdrawal from your separate account and corresponding deposit into a community account, a canceled check, or a wire transfer confirmation used for a down payment or to pay down the principal on a mortgage for the community home. Step 3: File for Divorce and Complete Financial Disclosures Your reimbursement claim is part of your divorce case, not a separate lawsuit. After filing a Petition for Dissolution (Form FL-100), you must complete your financial disclosures. On your Schedule of Assets and Debts (Form FL-142), list the community asset and clearly state your separate property reimbursement claim related to it. Step 4: Formally Assert Your Claim You must formally request the reimbursement from the court. This is typically done in your settlement proposals to your spouse or in legal briefs filed with the court, such as a trial brief. You must specifically state you are seeking a "Family Code Section 2640 reimbursement." Important considerations: Reimbursement under Section 2640 is generally limited to contributions for the acquisition of assets (like a down payment) or improvements (like a major remodel). Using separate property to pay for general community living expenses, such as rent, utilities, food, or vacations, is typically considered a gift and is not reimbursable. Reimbursement is dollar-for-dollar, without any interest or adjustment for appreciation in the asset's value. Note: The burden of proof is entirely on the person making the claim. If you cannot provide a clear and complete paper trail tracing the funds from their separate source to the community asset, your claim will likely be denied. This right can be waived, but the waiver must be in a clear and express written statement. This is general information and does not constitute legal advice. For complex situations, especially those involving detailed financial tracing, you should consult with a qualified California family law attorney.