Legal Question in Family Law in California
In the case of my rental property:
1)If I have paid the down payment with my separate asset from before the marriage.
2) its rental income has paid for its expenses.
3)My spouse has give me a quit claim deed at the time of closing the escrow.
4) As a matter of fact it has even give me some positive cash fellow (like $800 a month) that I have spent for community (maybe spending only one hour a month for its management ).
Is this a separate property or a community property, considering Ca. Family code 770, 2581 and�)?
1 Answer from Attorneys
It sounds as though it is separate property, but a follow up question to you is whether any separate property funds have been commingled with community funds, or whether community funds have been used to pay down any loans on the property or make any improvements.