Here's a good one,

During marriage, W purchases property using Separate funds for earnest money contract. Balance of sale is later paid at closing using community funds.

How is the property characterized if H and W divorce 5 years later ?

Is it W's separate property under the Inception of Title Rule, and community is only entitled to reimbursment at division for amount of community funds ?

Or is the property community property under the community property presumption and the Separate estate of W only entitled to receive reimbursement in the amount of the earnest money ?


Edited by quaff (06/27/18 08:14 PM)