Does a spouse's property acquired during marriage while domiciled in a common law state lose its character as separate property of the acquiring spouse?

California, United States of America


The following excerpt is from Marriage of Roesch, In re, 147 Cal.Rptr. 586, 83 Cal.App.3d 96 (Cal. App. 1978):

In the absence of a statute to the contrary, personal property acquired by a spouse during marriage while domiciled in a common law state does not lose its character as the separate property of the acquiring spouse upon a change of domicile to a community property state. (Addison v. Addison (1965) 62 Cal.2d 558, 563, 43 Cal.Rptr. 97, 399 P.2d 897; see 14 A.L.R.3d 404, 411-416.) Furthermore, the rule of tracing is invoked so that all property later acquired in exchange for the common law separate property is likewise deemed separate property. (Id.)

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