Family
Sep. 13, 2014
The thin line between separation and marriage
May a couple be 'living separate and apart' when they reside in the same residence? The state high court will soon tell us.
Jo Carrillo
Professor
UC Hastings College of the Law
Jo is author of "Understanding California Community Property Law," forthcoming 2014.
Earlier this year, in Marriage of Davis, S215050, the California Supreme Court granted review to this question: "for the purpose of establishing the date of separation under Family Code Section 771, may a couple be 'living separate and apart' when they reside in the same residence?"
In California, earnings and accumulations during marriage are community property. They become separate property, under Section 771, on the date that a spouse begins to live separate and apar...
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