Legal Question in Family Law in California

What is community property

In a divorce in California what is community property. My wife of 17 years has a bank account that has only her money in it. She put her salary had during our marraige in this account but never mixed it with ''our'' money. Does that still count as community property? Is that money at risk if I was sued by someone else?


Asked on 12/26/03, 9:48 pm

3 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: What is community property

Community property is any property receinved during the marriage, unless it falls within an exception. The exceptions are generally gifts, inheritance, and income from separate property. The income earned by your wife during the marriage is community property, unless there is an agreement that it is her separate property. Her separate property could be held liable for a judgment against you under some circumstances.

You should consult with an attorney and discuss your particular circumstances with the attorney.

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Answered on 12/27/03, 12:09 am
Donald Holben Donald R. Holben & Associates, APC

Re: What is community property

Monies earned and property acquired during marriage is considered community property unless otherwise agreed. Does not matter necessarily whether money in separate account or not. Yes that money can be reached if known.

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Answered on 12/29/03, 11:22 am
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: What is community property

Your spouse's earnings during the marriage are community property, and so is the bank account in her name alone. Community property is defined as any asset acquired between the date of marriage and the date of separation, except for a gift to one party or an inheritance.

I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 12/31/03, 1:44 pm


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