CALIFORNIA FAMILY LAW
...Community Property Issues
......Debts/Obligations/Reimbursement
.........Payments on C/P Debts Postseparation
............Reimbursement Permitted
10 Cards On This Topic:
  • Reimbursement for payment of c/p obligations after separation.
  • Court may order reimbursement for c/p debts paid after separation.
  • Reimbursement should generally be ordered for postseparation payments of c/p obligations. Exceptions listed.
  • Reimbursement required where H paid on C/P debts postseparation with S/P and no Epstein exceptions applied.
  • Payments by H "in lieu of support" on c/p residence occupied by W after separation are reimbursable.
  • Former Civil Code section 4800.2 does not limit reimbursement of c/p obligations paid after separation.
  • Reimbursement should be ordered except where payor has use of asset or support has been adjusted due to court ordered payments on c/p debts.
  • Issue of reimbursement for payments on c/p debts should be decided at temporary support hearing, not deferred to trial.
  • Postdissolution mortgage payment must be shared when home vacant.
  • Party seeking reimbursement must prove payments made with s/p.