Kraemer v. Kraemer

Citations

• 52 Cal. 302
• 1877 Cal. LEXIS 102

Syllabus

<p>Separate Pboperty. — Separate property of husband or wife is that which is held, both in its use .and in its title, for the exclusive benefit of the spouse holding the same.</p> <p>Idem.— Real property purchased in this State during coverture with money which was the separate property of the husband or wife, is also his or her separate property.</p> <p>Idem.—Where there is no express contract, the law of the matrimonial domicile will govern as to personal property everywhere.</p> <p>Effect of Change of Domicile on Separate Property.— If husband and wife, by their joint labor, acquire personal property in one State, and by the laws of such State the same is the separate property of the husband, and they then remove to another State, carrying such property with them, it remains the separate property of the husband, even if the statutes of the State to which they have removed make it common property; and if it is after-wards converted into land, the land is the separate property of the husband.</p> <p>Separate and Community Property. — If husband and wife acquire personal property in one State, and then remove to another State with the same, the law of the State where they lived when the property was acquired governs as to whether it is separate or community.</p>