California Community Property Law and an Unfinished E-Book

Question

I have a question regarding community property laws in California and how they apply to an unfinished e-book I started writing during my marriage. I am not a writer, but I began working on an e-book and have completed writing approximately 30-40% of it. The book is not finished, not published, and has not generated any income. 
 
1) If I stop writing the e-book now and never finish it, will it still be considered community property even though it has not been completed, published, or made any earnings?  
 
2) If I complete and publish the e-book (the same e-book) after my divorce, and it starts generating income at that point, will that income be considered my separate property, or could my ex-spouse have a claim to it? 
 
I appreciate your guidance on this matter.

James R. Dickinson · Answer

Is your spouse claiming any interest in the non-income-generating e-book? It would seem that this could be easily addressed as part of your settlement discussions; unless there's reasonable likelihood that the e-book will generate income, my guess is your spouse will gladly agree to assigning it to you as your separate property. In any case, speak with a local attorney for assistance. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

James L. Arrasmith · Answer

Your question about California community property law and your unfinished e-book touches on some complex legal considerations. Let me help break this down for you. 
 
In California, creative works started during marriage are typically considered community property, even if unfinished. This means that even if you stop writing now, your ex-spouse could potentially have rights to the incomplete manuscript since the intellectual property was developed during your marriage. The fact that it hasn't generated income doesn't change its status as community property. 
 
However, the situation becomes more nuanced when considering future income from completing and publishing the book after divorce. While the portion written during marriage would likely be considered community property, your additional work and contributions after the divorce would be separate property. This could lead to a complex calculation where some percentage of future earnings might need to be shared based on how much of the book's value was created during the marriage. 
 
Given these complexities, you might want to address this specific asset during your divorce proceedings and potentially include it in your settlement agreement. Working with experienced legal counsel can help you negotiate clear terms about the ownership and future income rights of your e-book. This could help prevent future disputes and provide you with peace of mind as you decide whether to complete and publish your work.

Q: California Community Property Law and an Unfinished E-Book