Fam. Code 2640

1
Fam. Code 2640

• "Contributions to the acquisition of the
  property," as used in this section, include
  downpayments, payments for improvements, and
  payments that reduce the principal of a loan used
  to finance the purchase or improvement of the
  property but do not include payments of interest
  on the loan or payments made for maintenance,
  insurance, or taxation of the property.
• In the division of the community estate under
  this division, unless a party has made a written
  waiver of the right to reimbursement or has
  signed a writing that has the effect of a waiver,
  the party shall be reimbursed for the party's
  contributions to the acquisition of the property
  to the extent the party traces the contributions
  to a separate property source. The amount
  reimbursed shall be without interest or
  adjustment for change in monetary values and
  shall not exceed the net value of the property at
  the time of the division.

2
Fam. Code 2603

• (a) "Community estate personal injury damages" as
  used in this section means all money or other
  property received or to be received by a person
  in satisfaction of a judgment for damages for the
  person's personal injuries or pursuant to an
  agreement for the settlement or compromise of a
  claim for the damages, if the cause of action for
  the damages arose during the marriage but is not
  separate property as described in Section 781,
  unless the money or other property has been
  commingled with other assets of the community
  estate.
• (b) Community estate personal injury damages
  shall be assigned to the party who suffered the
  injuries unless the court, after taking into
  account the economic condition and needs of each
  party, the time that has elapsed since the
  recovery of the damages or the accrual of the
  cause of action, and all other facts of the case,
  determines that the interests of justice require
  another disposition. In such a case, the
  community estate personal injury damages shall be
  assigned to the respective parties in such
  proportions as the court determines to be just,
  except that at least one-half of the damages
  shall be assigned to the party who suffered the
  injuries.

3
Hypothetical
Josh and Amy were married on July 1, 1996, two
weeks after Josh received his Ph.D in Biology
from Stanford. Prior to the marriage, Josh had
not worked, and Amy was working as a waitress in
a local tavern. Amy had saved 20,000, which she
kept in her savings account at Wells Fargo Bank.
She also had a Wells Fargo checking account with
a balance of 1000. Josh had 637 in a Bank of
America checking account, and 100,000 in student
loans. After the marriage, Josh closed his
checking account and his name was added to Amys
Wells Fargo accounts. The 637 was used to
purchase a new sofa. In August 1996, Josh
obtained a job with Genentech as a researcher.
He received a signing bonus of 50,000 and an
annual salary of 120,000. Joshs paycheck from
Genentech was direct-deposited into the Wells
Fargo checking account. Every month, 2,000 was
automatically transferred from the checking
account into the savings account. In September
1996, Amy quit her job, and enrolled in a masters
program in fine art at U.C. Berkeley. During the
course of the two year program, Amy paid for her
tuition and books through student loans which
totaled 50,000. She did not work during those
two years. In October 1996, Josh and Amy
purchased a house in Milpitas for 250,000,
paying 50,000 down and assuming a mortgage for
the balance. They signed the deed as joint
tenants. In June 1998, Amy received her masters
degree and simultaneously moved out of the house
and filed a petition for dissolution. Josh and
Amy were not able to agree on a division of
property, and in February 2000, the superior
court conducted a trial to divide their assets
and dissolve the marriage. The evidence at trial
showed that the house in Milpitas was worth
500,000, and had a remaining mortgage of
190,000. 5,000 of the mortgage principal had
been paid by Josh out of his earnings between
June 1998 and the time of trial. Joshs
remaining school loan balance was 90,000, Amy
owed the entire 50,000, the Wells Fargo
checking account had a balance of 40,000 and the
savings account had a balance of 14,000.
4
Hypothetical
Josh and Amy were married on July 1, 1996, two
weeks after Josh received his Ph.D in Biology
from Stanford. Prior to the marriage, Josh had
not worked, and Amy was working as a waitress in
a local tavern. Amy had saved 20,000, which she
kept in her savings account at Wells Fargo Bank.
She also had a Wells Fargo checking account with
a balance of 1000. Josh had 637 in a Bank of
America checking account, and 100,000 in student
loans. After the marriage, Josh closed his
checking account and his name was added to Amys
Wells Fargo accounts. The 637 was used to
purchase a new sofa. In August 1996, Josh
obtained a job with Genentech as a researcher.
He received a signing bonus of 50,000 and an
annual salary of 120,000. Joshs paycheck from
Genentech was direct-deposited into the Wells
Fargo checking account. Every month, 2,000 was
automatically transferred from the checking
account into the savings account. In September
1996, Amy quit her job, and enrolled in a masters
program in fine art at U.C. Berkeley. During the
course of the two year program, Amy paid for her
tuition and books through student loans which
totaled 50,000. She did not work during those
two years. In October 1996, Josh and Amy
purchased a house in Milpitas for 250,000,
paying 50,000 down and assuming a mortgage for
the balance. They signed the deed as joint
tenants. In June 1998, Amy received her masters
degree and simultaneously moved out of the house
and filed a petition for dissolution. Josh and
Amy were not able to agree on a division of
property, and in February 2000, the superior
court conducted a trial to divide their assets
and dissolve the marriage. The evidence at trial
showed that the house in Milpitas was worth
500,000, and had a remaining mortgage of
190,000. 5,000 of the mortgage principal had
been paid by Josh out of his earnings between
June 1998 and the time of trial. Joshs
remaining school loan balance was 90,000, Amy
owed the entire 50,000, the Wells Fargo
checking account had a balance of 40,000 and the
savings account had a balance of 14,000.