SECTIONS 2640-2641 - California Statutes

FAMILY.CODE

SECTION 2640-2641

2640. (a) "Contributions to the acquisition of 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.
(b) 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 property of the community property estate 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 may not exceed the net value of
the property at the time of the division.
(c) A party shall be reimbursed for the party's separate property
contributions to the acquisition of property of the other spouse's
separate property estate during the marriage, unless there has been a
transmutation in writing pursuant to Chapter 5 (commencing with
Section 850) of Part 2 of Division 4, or a written waiver of the
right to reimbursement. The amount reimbursed shall be without
interest or adjustment for change in monetary values and may not
exceed the net value of the property at the time of the division.

2641. (a) "Community contributions to education or training" as
used in this section means payments made with community or
quasi-community property for education or training or for the
repayment of a loan incurred for education or training, whether the
payments were made while the parties were resident in this state or
resident outside this state.
(b) Subject to the limitations provided in this section, upon
dissolution of marriage or legal separation of the parties:
(1) The community shall be reimbursed for community contributions
to education or training of a party that substantially enhances the
earning capacity of the party. The amount reimbursed shall be with
interest at the legal rate, accruing from the end of the calendar
year in which the contributions were made.
(2) A loan incurred during marriage for the education or training
of a party shall not be included among the liabilities of the
community for the purpose of division pursuant to this division but
shall be assigned for payment by the party.
(c) The reimbursement and assignment required by this section
shall be reduced or modified to the extent circumstances render such
a disposition unjust, including, but not limited to, any of the
following:
(1) The community has substantially benefited from the education,
training, or loan incurred for the education or training of the
party. There is a rebuttable presumption, affecting the burden of
proof, that the community has not substantially benefited from
community contributions to the education or training made less than
10 years before the commencement of the proceeding, and that the
community has substantially benefited from community contributions to
the education or training made more than 10 years before the
commencement of the proceeding.
(2) The education or training received by the party is offset by
the education or training received by the other party for which
community contributions have been made.
(3) The education or training enables the party receiving the
education or training to engage in gainful employment that
substantially reduces the need of the party for support that would
otherwise be required.
(d) Reimbursement for community contributions and assignment of
loans pursuant to this section is the exclusive remedy of the
community or a party for the education or training and any resulting
enhancement of the earning capacity of a party. However, nothing in
this subdivision limits consideration of the effect of the education,
training, or enhancement, or the amount reimbursed pursuant to this
section, on the circumstances of the parties for the purpose of an
order for support pursuant to Section 4320.
(e) This section is subject to an express written agreement of the
parties to the contrary.