Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.
Good morning. Pursuant to California Family Code Section 760: "Except as otherwise provided by statute, all property, real or
personal, wherever situated, acquired by a married person during the
marriage while domiciled in this state is community property." Under
The exceptions are set forth in Sections 770 and 771 which provide as follows:
770. (a) Separate property of a married person includes all of the
(1) All property owned by the person before marriage.
(2) All property acquired by the person after marriage by gift,bequest
, devise, or descent.
(3) The rents, issues, and profits of the property described in
(b) A married person may, without the consent of the person's
spouse, convey the person's separate property.
771. (a) 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.
Thus, the earnings and the accounts to which you refer would be considered community property.
This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you these funds were your separate property, but, I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!
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