Legal Question in Family Law in California
State of California.
Divorce summons served, Date of separation 7/10/2010 .
If I acquire property with money earned after separation, & then wife dismisses Divorce proceedings; Is that property considered community property, or is it my sole property??
2 Answers from Attorneys
It would be your separate property. "The earnings and accumulations of a spouse and the minor children living with, or in the custody of, the spouse, while living separate and apart from the other spouse, are the separate property of the spouse." (Fam. Code, sect. 771 subd. (a).)
Roach got one right. The only caveat is if you two reconcile, there would be a good argument that the "date of separation" never occurred, which would make it all community property. But as long as you don't reconcile and eventually divorce under her filing or yours, his answer is correct.
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