Legal Question in Family Law in California

Community Property?

I recently received a settlement from the wrongful death case over my father's death. My husband claims it is community property and should go into our joint account, whereas I think it is my separate property and should go into my own account. Is it community or separate property?


Asked on 11/12/07, 1:45 pm

2 Answers from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: Community Property?

Sounds like it is separate property. However, it is possible your husband could either have or acquire an interest in that money. If, for example, you were to deposit the money into a joint account, your husband could claim the money was commingled. If you deposit the money into an account in your name alone, but also deposit your wages into that account, your husband could claim it is community property. Before depositing the money I would recommend consulting with an experienced attorney to ensure you are not going to be giving it away to your husband.

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Answered on 11/12/07, 4:16 pm
Anne Marie Healy Law Offices of Anne Marie Healy

Re: Community Property?

Separate property.

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Answered on 11/12/07, 2:12 pm


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