When Must Reimbursement Claims Be Exercised?
A right of reimbursement which has not been expressly waived in writing
by party who is entitled to it must be exercised not later than the earlier
of a) three years after the spouse entitled to reimbursement had actual
knowledge that their property was applied to a debt of the other spouse
or b) within a dissolution by time of judgment or in probate proceedings
following the death of the other spouse.
CALIFORNIA FAMILY CODE
Family Code section 920
A right of reimbursement provided by this part is subject to the following
(a) The right arises regardless of which spouse applies the property to
the satisfaction of the debt, regardless of whether the property is applied
to the satisfaction of the debt voluntarily or involuntarily, and regardless
of 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 of the right
by the spouse in whose favor the right arises.
(b) The measure of reimbursement is the value of the property or interest
in property at the time the right arises.
(c) The right shall be exercised not later than the earlier of the following times:
(1) Within three years after the spouse in whose favor the right arises
has actual knowledge of the application of the property to the satisfaction
of the debt.
(2) In proceedings for division of community and quasi-community property
pursuant to Division 7 (commencing with Section 2500) or in proceedings
upon the death of a spouse.