Legal Question in Family Law in California

separate and apart

recent decision to divorce but have not filed yet, now living separate from spouse, have opened own checking account, are my earnings now separate property?


Asked on 3/21/02, 1:05 pm

3 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: separate and apart

The date of separation is the date when you determine that you and spouse will no longer together as husband and wife. From that date forward the wages you earn are your separate property. This income should be placed into a separate bank account. If your separate property wages are commingled with community property you will have the burden of proving that the money is your separate property.

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Answered on 3/21/02, 1:47 pm
Ken Koury Kenneth P. Koury, Esq.

Re: separate and apart

Yes

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Answered on 3/22/02, 8:35 pm
Matthew Kremer Law Offices of Matthew M. Kremer

Re: separate and apart

It will be considered as your separate property so long as you can show that you came to the definate conclusion that the marriage is over, told her, and acted accordingly.

In other words, if you moved out and segregated the bank accounts, but continued to go to marital counseling or went to social events and presented as husband/wife, that could defeat your claim of the earlier date of separation.

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Answered on 3/21/02, 7:16 pm


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