California Divorce Dictionary: Section 2640 Claim

A Family Code Section 2640 claim is a request for reimbursement based upon one spouse’s Separate Property contribution to the acquistion of Community Property. A reimbursement would be due from Community Property to the contributor spouse’s Separate Property to reimburse the contributor for their contribution. A reimbursement claim may be applicable to the extent the spouse can trace his/her contributions. The reimbursement amount is limited to the total amount contributed. Making a 2640 claim will require tracing, forensic accounting and a paper trail. Examples include downpayment on a home purchase or payment for improvements financed from Separate Property funds.