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myheart
enthusiast

Reged: 05/21/09
Posts: 213

Putting salary in separate account

#537229 - 05/22/09 09:58 AM

I and my husband due to many conflict start putting our salary in separate accounts and transfer some money in the joint account to pay bills. In the light of divorce, will our savings in our accounts consider a community property? We live in California. Will there a way to trace that out how much we made how much was saved?

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Cinder2
Carpal \'Tunnel

Reged: 06/02/05
Posts: 4361
Loc: Southern California

Re: Putting salary in separate account

[Re: myheart]
#537287 - 05/22/09 11:53 AM

Yes, even if you put the money in separate accounts it is considered community property. As soon as you legally separate, then the monies you earn after that will be your own.

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Maury
Carpal \'Tunnel

Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->

Re: Putting salary in separate account

[Re: Cinder2]
#539293 - 05/27/09 11:24 PM

No. They are presumed marital and were earned during the marriage, You would have to demonstrate that they were not derived from the marital good which is presumed. Only proceeds accrued after a "legal" separation would, in some states, be presumed to be separate property.

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