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Dating and legal separation in california

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The date of separation further determines when a party is no longer obligated for the debts of the other party for those debts occurring after the date of separation.

Just what is community property is defined by California Family Code, 770 which states: "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."Separate property is defined by California Family Code, 771 (a), which states: "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."In essence, anything acquired by either party during the marriage, from the moment they say "I do" to when the couple make it clear that the marriage is over, is community property.

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Without going into specifics, in general any gifts, inheritances, assets brought in to a marriage, debts brought into a marriage, or assets acquired during a marriage which are traceable to assets owned before the marriage are the separate property assets and debts of that party.

Before you make any decisions about your marriage, it is wise to discuss your options with a trusted family lawyer.

For many couples, the date of separation may not be that easy to determine, and often, each spouse has their own idea of the actual date. If the date of separation is unclear or the parties disagree, the court will examine the intent of the parties.

The courts are aware, however, that financial, cultural, and/or other factors may not make this cut and dry option a reality for some couples.

If separated spouses are still living in the same home, there are ways to ensure ‘physical’ separation in the eyes of the court.