Comunity property

[Arthur R]

back in january i filed for divorce in california, after that my wife did so also a month later on her own. since my leaving she has kept everything. mutually agreed. i've recently bought a new car in march, since she kept the one we had. does this new car become split down the middle when the divorce is finally completed in july? i'm very nervous about losing out on this new car.i've been told anything bought after filing for divorce doesn't become marital property,is this true?

 

[I AM ALWAYS LIABLE]

My response:

Earnings and accumulations following separation are the separate property of the acquiring spouse. [Fam C §§770–771] "Accumulations" include any property that a person acquires or retains except for property obtained in exchange for community property or community funds. [Re Marriage of Wall (1972, 2nd Dist) 29 Cal App 3d 76, 105 Cal Rptr 201]

Relying on this definition of accumulations, and on the rule that a borrowing spouse is solely liable for a post-separation loan that is "unrelated" to the community [Fam C §2623; Re Marriage of Hopkins (1977, 2nd Dist) 74 Cal App 3d 591, 141 Cal Rptr 597, the court in In re Marriage of Stephenson (1984, 2nd Dist) 162 Cal App 3d 1057, 209 Cal Rptr 383] concluded that the proceeds of a post separation loan will be the separate property of the borrowing spouse if it is not obtained in exchange for community property and is, therefore, unrelated to the community. On the other hand, a loan obtained in reliance on community property as security will be community and property purchased with the proceeds of such a loan will also be separate property.

Happy driving !

IAAL