CALIFORNIA FAMILY LAW
...Community Property Issues
......Separate Property
.........Characterization/Definition
14 Cards On This Topic:

Separate property constitutionally 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.