[WSBARP] CP Interest in Originally Separate Property

[Mark]

Paul--some input from a non-lawyer paralegal, without cites.  I think this
is the analysis:
1.  The character of property is determined at acquisition--here, it is W's
separate property.  Thereafter, spending community funds or labor, or even
some of H's separate funds, does not convert the separate property into
part community property/part separate property.  It stays W's separate
property.  However, the community or H separately may have a claim against
W's separate property for the value of contributed money or labor.  This is
normally called, for example, a "community lien" against W's separate
property.
2.  There is another side to the analysis.  The H and W community has been
living in W's separate property, and should have been paying rent to W.
What is the value of the community living there?  How does that value
compare to funds or labor paid by the community on W's separate property?
Which way does the net obligation go?
Good luck!
Mark

On Wed, Nov 27, 2019 at 8:16 AM Paul Neumiller <pneumiller at hotmail.com>
wrote:

> Listmates (sorry for the double post):  I need those fancy litigator
> string of cases for the following situation:    Wife ("W") acquires
> residence prior to marriage.  After marriage, W's and H's paychecks are
> used to pay, fix, and improve residence and pay on a loan for the
> residence.  H spends hours on house and yard.  H pays for some payments out
> of his own disability checks from worker's comp.  Is there any possibility
> that H has acquired a community property interest in the residence?  I
> don't need to prove the actual percentage or dollar amount at this point,
> just the *possibility* of H acquiring a community property interest (or
> some kind in interest) in the residence.  Thanks.  (this is far-afield of
> my area and I don’t even have the proper books on where to find the answer.)
>
>
>
>
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-- 
Mark T. Higgins
P.O. Box 57
Darrington, WA 98241
206-491-2420
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