§8.09 Conditions on Right of Reimbursement

A right of reimbursement provided by FC §§900 et seq. is subject to the following general conditions [FC §920]:

• The right arises regardless of:
• Which spouse applies the property to the satisfaction of the debt,
• Whether the property is applied to the satisfaction of the debt voluntarily or involuntarily, and
• Whether the debt to which the property is applied is satisfied in whole or in part.
• The right is subject to an express written waiver by the spouse in whose favor the right arises.
• The measure of reimbursement is the value of the property or interest in property at the time the right arises.
• The right must be exercised not later than the earlier of the following times:
• Within three years after the spouse in whose favor the right arises has actual knowledge of the property being applied to satisfy the debt, or
• In proceedings for division of community and quasi-community property during dissolution or legal separation proceedings or in proceedings on the death of a spouse.