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    edplant's Avatar
    edplant Posts: 8, Reputation: 1
    New Member
    		  
    #1

    Aug 16, 2009, 11:54 PM
    Commual or separate
    Are my tools I use to make my lively hood community or separate property
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    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's Avatar
    cadillac59 Posts: 1,326, Reputation: 94
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    #3

    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's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #4

    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's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
    		  
    #5

    Aug 17, 2009, 04:32 PM
    Quote Originally Posted by N0help4u View Post
    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's Avatar
    cadillac59 Posts: 1,326, Reputation: 94
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    #6

    Aug 17, 2009, 07:16 PM
    Quote Originally Posted by N0help4u View Post
    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's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #7

    Aug 17, 2009, 07:27 PM

    That's crummy
    I can't stand women that pull stuff like that

    https://www.askmehelpdesk.com/family...ng-386210.html

    Seems like pure greed and spite
    cadillac59's Avatar
    cadillac59 Posts: 1,326, Reputation: 94
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    #8

    Aug 17, 2009, 09:46 PM
    Quote Originally Posted by N0help4u View Post
    Thats crummy
    I can't stand women that pull stuff like that

    https://www.askmehelpdesk.com/family...ng-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's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
    Uber Member
    		  
    #9

    Aug 17, 2009, 10:00 PM

    Seems to me she took everything
    House, bank accts, tools,
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