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Chapter 7

Form 7-4

This form is intended to be an appendix to form 7-3, Marital Property Inventory Worksheet.

Information Required to Evaluate Rights of Reimbursement

In this questionnaire, the term “marital estate” means one of three estates: (1) the com­munity marital estate, (2) the separate marital estate owned individually by one spouse, and (3) the separate marital estate owned individually by the other spouse.

Required Information:

(1)If there has been a payment by one marital estate of the unsecured liabilities of another marital estate, please provide the following information:

Identify the estate that paid the unsecured liabilities:      

Identify the estate that benefited:      

Describe the unsecured liabilities that were paid and why they were paid:      

      

The date and amount of the payment: __________________ $____________

Please describe all documentation known to you that is relevant to this issue:      

      

(2)If there has been inadequate compensation received by one marital estate for the time, toil, and effort of a spouse that benefited a business entity under the control and direc­tion of that spouse, please provide the following information:

The spouse who provided the time, toil, and effort:      

The name of the business entity that benefited:      

State the relationship of the spouse who provided the time, toil, and effort to the bene­fited business:      

Quantify the time, toil, and effort you believe were spent and state why you believe the community was not adequately compensated: $____________

Quantify the increase in value of the business that you attribute to the uncompensated time, toil, and effort: $____________

Please describe all documentation known to you that is relevant to this issue:      

      

(3)Please state the amount of reduction of the principal amount of a debt that existed at the time of marriage and that was secured by lien on any property owned before marriage to the extent the debt existed at the time of marriage: $____________

Please describe all documentation known to you that is relevant to this issue:      

      

(4)Please state the amount of reduction of the principal amount of a debt secured by lien on any property received by a spouse by gift, devise, or descent during the marriage, to the extent the debt existed at the time the property was received: $____________

Please describe all documentation known to you that is relevant to this issue:      

      

(5)Please state the amount of reduction of the principal amount of that part of a debt (including a home equity loan) incurred during marriage that was secured by lien on a spouse’s separate property incurred for the acquisition of or capital improvements to the prop­erty: $____________

Please describe all documentation known to you that is relevant to this issue:      

      

(6)Please state the amount of reduction of the principal amount of that part of a debt incurred during marriage that was secured by lien on the separate property owned by a spouse for which the creditor agreed to look for repayment solely to the separate marital estate of the spouse on whose property the lien attached and that was incurred for the acquisition of or for capital improvements to the property: $____________

Please describe all documentation known to you that is relevant to this issue:      

      

(7)If the principal amount of any debt described in questions (3) through (6) above has been refinanced, please state the amount of the principal reduction caused by the refi­nance: $____________

Please describe all documentation known to you that is relevant to this issue:      

      

(8)If there have been any capital improvements to a spouse’s separate property, other than by incurring debt, please state the value of the property—

before the improvements were made: $____________

after the improvements were made: $____________

Please describe all documentation known to you that is relevant to this issue:      

      

(9)If the community estate has reduced any unsecured debt incurred by the separate estate of one of the spouses, please state the amount of the reduction: $____________

Please describe all documentation known to you that is relevant to this issue: