(Since my question has both legal and tax issues, I'm posting to these two newsgroups.)
Moderator: In the future, just crosspost listing misc.legal.moderated first
Before marriage person A purchases a condo, and lives in it for several years. Person A then marries, lives elsewhere, and rents the condo to a series of tenants. Condo ownership was not formally changed. Rental income deposited to, and expenses (including mortgage payments) paid from, a joint checking account into which both husband and wife deposited their pay checks and from which both wrote checks for various other purposes. Couple filed joint tax returns, including the condo related rental income and expenses, and deducted interest on the condo mortgage. Person A is now contemplating divorce, and wonders if the condo has become community property by default, since rental income and associated expenses, and mortgage payments on the condo, flowed through the joint checking account with A's spouse. Any insight appreciated that would help me advise party A. I would especially like a good reference book addressing California issues of community and separate property issues as related to divorce. I have reviewed my (old) Nolo Press catalogue and did not see anything that seemed on target.
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---------- CWLee Former slayer of dragons; practice now limited to sacred cows. Believing we should hire for quality, not quotas, and promote for performance, not preferences.
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