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Community Reimbursement Claims and Epstein/Watts Credits

California law allows spouses to seek reimbursement for community or separate property contributions to marital expenses. These claims often involve complex analysis and significantly influence the final financial picture in divorce.

Key Types of Claims

  • Epstein Credits: Reimbursements when one spouse uses separate property to pay community expenses (e.g., mortgage payments post-separation)
  • Watts Charges: Compensation to the community for one spouse’s exclusive use of a community asset (e.g., residence or car) after separation
  • Family Code §2640 Reimbursements: Entitles a spouse to reimbursement for separate property contributions to the acquisition of community property

How Forensic CPAs Assist

  • Trace payments to their source and categorize them as separate or community
  • Reconstruct post-separation spending and use of community assets
  • Calculate applicable offsets, such as rental value or maintenance costs
  • Present findings in reports, mediation briefs, or court declarations

Strategic Use of Credits

  • May offset spousal support or property equalization payments
  • Useful leverage during settlement discussions
  • Often require detailed documentation and expert analysis

These claims can materially affect settlement or trial outcomes. Consult a forensic accountant early in the process.

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