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RayAnswers, Lawyer
Category: Family Law
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Experience:  30 years as a family law lawyer .
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Getting a divorce after 20 years. I have own seperate

Customer Question

getting a divorce after 20 years. I have own seperate properties and I receive 40,000 a year from the rentals. For the past 18 years mu husband and I paid taxes on this income. In my divorce does the 40,000 a year seperate income become community funds
Submitted: 5 months ago.
Category: Family Law
Expert:  RayAnswers replied 5 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  RayAnswers replied 5 months ago.

What state are you in here, and let me verify that the income is from the separate properties.Have the funds you receied been comingled in joint accounts or kept separate.Thanks.

Customer: replied 5 months ago.
California and never comingled. I used these funds to help with family expenses. In our tax return.
Expert:  RayAnswers replied 5 months ago.

It would all be separate here under California law.You would have to trace it where the asset was premarital and the income was too.

Separate property is anything you have that you owned before you were married or before you registered your domestic partnership. Inheritances and gifts to 1 spouse or domestic partner, even during the marriage or domestic partnership, are also separate property. Rents, profits, or other money you earn from your separate property is also separate property. And property you buy with separate property is also separate property.

http://www.courts.ca.gov/1039.htm

You can certainly argue for the property and the income here as separate property during property settlement.You may well prevail on these items and the income from them.

Thanks again I appreciate the chance to help .

Expert:  RayAnswers replied 5 months ago.

If you can positive rate 5 stars it is much appreciated.

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