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Family,
California Supreme Court

Jul. 24, 2015

Community property and the legend of 'separated' spouses

On Monday, the California Supreme Court clarified once and for all whether a couple may be "living separate and apart" while they still live together in the same home.

Claudia Ribet

Of Counsel
California Appellate Law Group LLP

appellate law (certified) and family law (certified)

811 Wilshire Blvd 17th Floor
Los Angeles , California 90017

Phone: (213) 878-0404

Antioch School of Law

California Appellate Law Group LLP is an appellate boutique with offices in San Francisco and Los Angeles. Claudia is one of only three attorneys in California certified by the State Bar as a specialist in both family law and appellate law. Find out more about Claudia and the California Appellate Law Group LLP at www.calapplaw.com. Appellate Zealots is a monthly column on recent appellate decisions and appellate issues written by the attorneys of the California Appellate Law Group LLP.

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On Monday, in In re Marriage of Davis, 2015 DJDAR 8320, the California Supreme Court clarified once and for all whether a couple may be "living separate and apart" for purposes of Family Code Section 771(a) while they still live together in the same home. That statute provides that "[t]he earnings and accumulations of a spouse ... while living separate and apart from the other spouse, are the separate property of the spouse."

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