San Francisco, CA asked in Estate Planning, Family Law and Real Estate Law for California

Q: I earned ESL and PTO before marriage. I'm getting it "paid" now after marriage. Is it considered separate CA property?

I have neenarried amd earned some Paid time off (pto) and extended sick leave (esl) after marriage. I want to use it to invest in a separate real estate project amd don't want to mix community property with separate property.

1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, property acquired before marriage, including earnings such as Paid Time Off (PTO) and Extended Sick Leave (ESL), is generally considered separate property. However, it's important to note that the characterization of separate and community property can be complex and depend on various factors, such as how the earnings were handled during the marriage.

If you want to ensure that your PTO and ESL remain separate property and are not mixed with community property, it's advisable to consult with a family law attorney who can provide you with specific advice based on the details of your situation. They can help you understand the laws and help you take appropriate steps to maintain the separate property status of your earnings and navigate any potential issues related to community property and investment in a separate real estate project.

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