Community or separate income?

[tn2012]

What is the name of your state (only U.S. law)? Calif.
I have more questions to ask. I am a house wife of 28 yrs. I was told 6 month ago that my spouse wanted a separation.
I filed a divorce on Feb. ★ Is the profits by me selling the items ( dolls, fragrances) solely mine when I start selling them on eBay now ? also, I borrowed some money from my family to my account for an attorney fee & emergencies for divorce. ★ that money is not a community money, right? Thanks!

 

[Ohiogal]

What is the name of your state (only U.S. law)? Calif.
I have more questions to ask. I am a house wife of 28 yrs. I was told 6 month ago that my spouse wanted a separation.
I filed a divorce on Feb. ★ Is the profits by me selling the items ( dolls, fragrances) solely mine when I start selling them on eBay now ? also, I borrowed some money from my family to my account for an attorney fee & emergencies for divorce. ★ that money is not a community money, right? Thanks!

All income earned during the marriage is marital income. Hence, your profits are marital income until the marriage is over.

 

[tranquility]

For those of us who settled where the Spanish came up, the term would be community property and not marital income.

In a community property state, "earned" income (like wages) is community property. For a business, the series of cases including Peralta and VanCamp, make a determination of how much of the business has to do with the work of the spouse as related to the value of the separate property issues.

While SOME of the value of the profits from the sale may be community (for the work done to make the sale), if the sale is from separately owned property, the courts will allocate the fair market value of the work done to add to the community and the rest will remain separate. (That's if the amount is great enough to care.)

 

[ecmst12]

Of course, that doesn't mean that you can't use that money for living or legal expenses.