If my wife has moved out of the house, is she entitled to any of the belongings in our home?
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If my wife has moved out of the house, is she entitled to any of the belongings in our home?
Asked on November 22, 2011 under Family Law, Washington
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In a community property state such as CA, community property is property acquired during marriage. Each spouse has a one half interest in the community property.
Separate property is property acquired before marriage or after the marriage ends. A spouse has no claim to the other spouse's separate property.
Belongings in the home purchased/acquired during marriage are community property. Your spouse has a one half interest in those items.
The belongings in the home purchased/acquired by you prior to marriage are your separate property and your spouse has no claim to those items. If there is a separation with no intent to reunite, property or items purchased/acquired by you after separation are your separate property and your spouse has no claim to your separate property.
If property was purchased/acquired by you before marriage , which would be your separate property, but improvements were made to the property during marriage from community property funds, your spouse would have a one half interest in the enhanced value of the property since the improvements were made from community property funds.
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