Separate property laws in California?

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Latest post 07-03-2009 5:27 PM by OhioCP. 15 replies.
  • 07-03-2009 5:27 PM In reply to

    Re: Separate property laws in California?

    "My sep date is one I determined and the numerous legal advice I was given said that its a valid date, also it is not a deployment date."

    Just checking as sometimes folks confuse when they left the residence as being a "separation" date versus the date when legal action was taken to separate.  I'm presuming that a motion was filed for separation, regardless of whether she signed the separation agreesment or not, and this filing date is what you are referring to as the valid date of separation.  If not, please explain. 

    I'm also assuming this account established prior to separation date.  If so, did you make an attempt to remove your share of the funds in this account at the time of separation and transer into new account where her name wasn't on it?  If this was an account that you would be penalized for withdrawal (such as a CD, IRA, etc., or if there was a court order against movement of existing marital funds), it would make sense to not withdraw it, otherwise, you might have shot yourself in the foot by NOT moving it as soon as you knew you were separated.  Did you deposit more money into this account post separation?   Again, might be a misstep on your part if you did.  On the other hand, if you filed for a legal separation, withdrew your share of proceeds from the joint account and opened a new account in your name alone, then deposits post separation were made only into an account with your name on it, I'm having a hard time understanding how this would be considered marital property.  You've mentioned you've rec'd legal advice, what does your attorney say regarding this?

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