Bonvino v. BonvinoAnnotate this Case
Husband appealed the trial court's finding of a family home as community property and award of reimbursement of husband's separate property contributions under Family Code section 2640. The trial court also charged husband for the fair market rental value of the home from the time wife moved out to the date of judgment. In the published portion of the opinion, the court held that if property is acquired during marriage with both separate and community funds, the transmutation requirements of section 852 must be satisfied before the reimbursement provisions of section 2640 apply. In this case, the documents do not contain an express transmutation of husband’s separate property, and therefore, husband’s separate property contributions remained husband’s separate property. Husband held a separate property interest in the property proportionate to the separate property funds that he contributed.