770.
(a) Separate property of a married person
includes all of the following:
(1) All
property owned by the person before marriage.
(2) All
property acquired by the person after
marriage by gift, bequest, devise, or
descent.
(3) The
rents, issues, and profits of the property
described in this section.
(b) A married
person may, without the consent of the
person's spouse, convey the person's separate
property.
771.
(a) 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.
(b) Notwithstanding subdivision (a), the
earnings and accumulations of an unemancipated
minor child related to a contract of a
type described in Section
6750 shall remain the sole legal property
of the minor child.
772.
After entry of a judgment of legal separation
of the parties, the earnings or accumulations
of each party are the separate property
of the party acquiring the earnings or
accumulations.
In
other words, if the property
was acquired during the marriage while
the parties were domiciled in California,
a general presumption applies that the
property is community. The presumption
can be rebutted by showing by a preponderance
of the evidence (i.e., that it is more
likely than not) that the property is
separate—that is, it was acquired
before marriage, while the parties were
living separate and apart, or by gift,
or is otherwise traceable to a separate
property source, or by establishing a
contrary agreement or understanding.
626-301-9327
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