Marital Home with Pre-Marital Funds
Marital property does not include property that a party possessed prior to the marriage. However, if premarital property is placed into a joint tenancy account or asset during the marriage, it reflects an intent by the donor spouse to make a gift to the marriage. Contact Divorce Help Center to evaluate your particular situation. Such a transfer is presumed to be a gift absent clear and convincing evidence of a contrary intention by the parties. In Re Marriage of Cardona and Castro, 09 CA 1996 (December 9, 2010). However, this presumption may be overcome if the court makes findings that such a contrary intent existed. Every situation is unique and there is no set formula or controlling factor that makes an answer to this question predictable. Therefore, a joint analysis of your entire financial situation with a professional divorce mediator usually allows the parties to find an equitable agreement that can work with both the parties.