CALIFORNIA FAMILY LAW
...Community Property Issues
......Separate Property
.........Characterization/Definition
 14 Cards On This Topic:
  • Separate property defined.
  • Earnings and accumulations after date of separation are s/p.
  • Earnings after judgment of legal separation are s/p.
  • Separate property defined.
  • Characterization of PI awards.
  • Property that a spouse purchases with separate property funds continues to be separate property.
  • Attributes of separate property discussed.
  • Court in dissolution action has jurisdiction to determine whether property is characterized as s/p or c/p.
  • Neither marriage nor use of s/p during marriage changes its character.
  • Property acquired during marriage in name of one spouse is presumed s/p per EC 662; burden is on grantee to overcome presumption by C&CE of an agreement or understanding to the contrary.
  • Cases discussing the characterization of specific assets received after separation.
  • Property division in prior divorce cuts off H’s interest in c/p awarded to W in prior judgment.
  • Separate property remains separate unless increase in value thereof has been due to the contributions of the community by virtue of capital or industry.
  • Cases discussing the characterization of specific assets acquired during marriage with s/p funds.


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