Is a husband's medical education not community property?

All seem to agree that husband's medical education is not community property, and existing authority in California, as noted by the trial court, fully supports such proposition. The cases of Todd v. Todd, 272 Cal.App.2d 786, 791, 78 Cal.Rptr. 131, and In re Marriage of Aufmuth, 89 Cal.App.3d 446, 461, 152 Cal.Rptr. 668, overruled on other grounds in In re Marriage of Lucas, 27 Cal.3d 808, 815, 166 Cal.Rptr. 853, 614 P.2d 285, expressly held that a professional education acquired during marriage is not community property.

We carry those decisions one step further and hold that such an education so acquired is not separate property either. Although discussing community property, the court in Franklin v. Franklin, 67 Cal.App.2d 717, 155 P.2d 637, observed that property must "have certain attributes, namely, those of being susceptible of ownership in common, of transfer and survival." (Id. at p. 725, 155 P.2d 637.)