Separate property laws in California?

The legal advice I have been given told me that I can declare separate property after my separation date. I've been told this by a couple of attorney's? For some reason the judge keeps saying its community property? Any thought?

I had a similar problem during my divorce in AZ (also a community property state).

There's lots of factors involved and if attorneys are giving an opinion based on maybe a brief phone conversation, those opinions won't mean squat to the judge.

I even had to file an appeal on my property.

So let's start examining a few things.

What do you mean by "declare" separate property? Do you point at the property and say "I declare that to be my separate property?" (Sorry, got to get a little humor in here.)

What kind of property?

When did you buy it? Before or after the separation?

How did you pay for it?

Why do you think it's separate?

More questions might follow after you've answered those.

jack,

I consulted all legal advice in person, face to face conversations. The separate property is monies $$$, withdrawals made from my bank account with joint?? I know, joint? The other party told me she moved on with someone else and than someone else after that? I think its a prety good arguement!!

Mark07:

I consulted all legal advice in person, face to face conversations.

OK.

But in this case the lawyers and the judge could both be right.

Mark07:

The separate property is monies $$, withdrawals made from my bank account with joint?? I know, joint?

The judge is right. The account is community property.

But the lawyers could also be right. That you are entitled to your share of the community property.

Did you take out only half the money in the account and leave the rest for her? Or did you clean it out completely?

Mark07:

The other party told me she moved on with someone else and than someone else after that? I think its a prety good arguement!!

Actually, it's no argument at all. As long as it's a no-fault divorce it doesn't matter what she did, she's still entitled to half the money.

Q: Did you take out only half the money in the account and leave the rest for her? Or did you clean it out completely?

A: No. She cleaned it out! Its $$ I saved up while deployed.

I'm lost.

Why is your question about declaring something your separate property if it's already gone?

Q: I'm lost.

Why is your question about declaring something your separate property if it's already gone?

A: The way it was explained to me, community property taken after my separation date is considered separate property, in which the court can order her to pay it back since its not community property.

You wrote:

"For some reason the judge keeps saying its community property?"

In what context did the judge say that?

Did he say you weren't getting your half of the money back?

Or?

"The way it was explained to me, community property taken after my separation date is considered separate property, in which the court can order her to pay it back since its not community property"

This doesn't make any sense at all.

Money earned by either one of you during the marriage IS community property and separating (or TAKING) the money does NOT make it separate property.  Both are entitled to it equally.

Separate property is property owned BEFORE the marriage and not ever co-mingled with community funds.  OR...

Separate property MAY also be funds earned after legal separation.

My laymasn read as to CA read is that the separation date created a line in the sand--if she took out money AFTER the line date you may have a solid point to make her place 1/2 of it back.......If she raided the pot before the line date you may have a tougher point to make..

95% of the pot was taken well after the separation date.

Is this a legal separation date you're referring to, or the date the you were deployed? 

If the property is determined to be community property, whether she depleted it or emptied the account out post separation is irrelevant;  the nature and definition of the property is determined at the time of separation;  you would be entitiled to whatever portion you would be entitled to;  it just gets more messy.

OhioCP,

Q: Is this a legal separation date you're referring to, or the date the you were deployed? 

A: She wouldn't sign the legal separation papers. 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.

JoBraver,

Q: If the property is determined to be community property, whether she depleted it or emptied the account out post separation is irrelevant;  the nature and definition of the property is determined at the time of separation;  you would be entitiled to whatever portion you would be entitled to;  it just gets more messy.

A: Everything I've read says its community property, but the legal advice keeps saying I can declare it as separate property. Now I won't go into details with the whole story, but I explained my situation to the several attorney's and they have said its separate property? I am now deciding if I should go and get another consult with another attorney?

You are asking if a certain bank account is separate property or community property?  A judge has stated that it's community property?  Your postings are unclear.  If this bank account was from prior to your separation, it is community property ( you say it was while deployed-  but if not "legally separated"- if you had the intent to go back with her while you were deployed-and went back-it is community.