Legal Question in Family Law in California

Re: New property after separation

Unless community funds were used to start up the business, likely no claim. Call if additional questions. 800-685-6950

Re: New property after separation

Generally when the parties make the decision to dissolve the marriage that is the date of separation. However, there is a recent 6th district court of appeals in San Jose, ruled that until they took some positive steps to actually disolve the marriage such as living a apart they had not separated. As I recall the parties sat down and agreed to disolve the marriage. However, they continued to reside in the same home and even attended family functions together. the trial court judge ruled that the date of separation was the date they agreed to disolve the marriage. This decision was overturned by the appellate court. In that case the husband received a high value benefit, and wife wanted one half of it. By changing the date of separation the appellate court converted this property from separat to community.

You need to discuss your situation with an attorney.

Re: New property after separation

It depends on how she funded the start up of the business. If she used what would be considered your money (community property) you would probably be able to collect that money plus a reasonable rate of return (10%). If not, then the answer is no. Once you two separated, you don't have a claim on her income.

Re: New property after separation

Sorry, I forgot to explain something. Once you two begin living as separate persons with an intent to seperate, the court considers your incomes to be seperate property. You could even be still living in the same house for this to apply (if you were to have no joint bank accounts and pay for stuff seperately and divide up your personal property).

Reply: New property after separation

If the business was started after the separation, it is presumed to be separate property. If community property funds or assets were used to start the business, then the community is entitled to a reimbursement.

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