View Full Version : Commual or separate
edplant
Aug 16, 2009, 11:54 PM
Are my tools I use to make my lively hood community or separate property
N0help4u
Aug 17, 2009, 12:14 AM
They would be considered your property.
What is your (ex) saying/doing that keeps you from getting them?
cadillac59
Aug 17, 2009, 03:23 PM
If they were acquired during marriage in a community property state they are community property (unless received as a gift, by inheritance or if purchased with separate property).
N0help4u
Aug 17, 2009, 03:29 PM
I thought if it was for lively hood it was not communal property.
According to his other link his wife is basically taking everything right out from under him.
cdad
Aug 17, 2009, 04:32 PM
I thought if it was for lively hood it was not communal property.
According to his other link his wife is basically taking everything right out from under him.
California is a community property state so anything that was purchased during the marriage is community property unless there were a separate source. Even then some things can cross over. Many lawyers play the trick of TBD ( to be determined ) even when its known to be separate. In the case of the OP then its community until proven separate.
cadillac59
Aug 17, 2009, 07:16 PM
I thought if it was for lively hood it was not communal property.
According to his other link his wife is basically taking everything right out from under him.
No. Community property is generally defined as all property acquired during marriage, other than by gift, inheritance or by an acquisition traceable to separate property. There's no exception for "tools of the trade" or anything like that.
N0help4u
Aug 17, 2009, 07:27 PM
That's crummy
I can't stand women that pull stuff like that
https://www.askmehelpdesk.com/family-law/how-can-stop-wife-every-thing-386210.html
Seems like pure greed and spite
cadillac59
Aug 17, 2009, 09:46 PM
Thats crummy
I can't stand women that pull stuff like that
https://www.askmehelpdesk.com/family-law/how-can-stop-wife-every-thing-386210.html
seems like pure greed and spite
What? That's an odd thing to say.
What if it's the wife that has the business? Say she's a dentist with $100,000 worth of dental equipment all acquired during marriage? You think she should be able to keep it all and give husband nothing? Why? What's fair about that?
N0help4u
Aug 17, 2009, 10:00 PM
Seems to me she took everything
House, bank accts, tools,