Why does "comingling" not matter in Alameda County, California's Family Court?

Question

Before divorce, my wife used out community money to pay for taxes and insurance on her inherited house. My attorney says I can't claim "comingling" because family court won't go that way. Best answer would be for Alameda County, but any other California or US family court info is also welcome.

Answer 1

The law is going to be the same anywhere in California. Alameda County does not have its own independent law.

California law does recognize commingling as sometimes transforming separate property into community property. However, what you are describing is not commingling. The separate nature of the property is clear and can be traced.

The house she obtained by inheritance was her separate property at the time of acquisition. The use of community funds to pay for anything which does not increase the equity in the house thereafter does not change its character as 100% separate property. This includes interest on debt, taxes, insurance, etc. If it was inherited without any debt, then nothing done by the community short of improvements could increase equity. Even if the community increased the equity by debt payments or improvements paid for with community funds, that still would not change the separate character of the inherited property, but the community might be entitled to claim its portion of the increase in value (although it could also be considered a gift by the community).