If one can show real property has been acquired with separate property, that real property is separate property. Absent a written agreement, a portion of the earnings or appreciation due to "skill, foresight or industry" may be community property.
Query on Schedule E
Aug 27, 2019
21 Replies
I thought about not responding to your post Stu, but then decided to make two points. I used the word presumption, not assumption. They are not the same. Even CA refers to acquisition of CP as a presumption in Div. 4, Part II, Chapter 4 "Presumptions Concerning The Nature of Property" section 802 of the Rev. & Tax Code. I think they use "presumption" because Section
760 that tells you what you acquire during the marriage is CP, it starts by telling you that there are statutory exceptions. Hence, it is a presumption until you can show otherwise.Lastly, many of the replies in this thread said that your residence determines whether the property is CP. The CA statutes are quite clear that it is not residence, it is where you are domiciled. A person can only have one domicile and have multiple residences. CA defines domicile in Title 18 Sec. 17014 of the Code of Regulations.
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