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California Community Property Keyed to Carrillo, 11th Ed.
Marriage of Bouquet
Citation:
546 P.2d 1371, 128 Cal. Rptr. 427, 16 Cal. 3d 583 (1976)Facts
Harry Bouquet and Ima Nell Bouquet married on June 9, 1941, and separated on March 2, 1969. On April 20, 1971, Ima petitioned for dissolution of marriage and determination of property rights. On March 4, 1972, after the petition was filed but before the interlocutory judgment, Civil Code section 5118 was amended to provide that earnings and accumulations of both spouses while living apart constitute separate property. Prior to this amendment, only the wife’s earnings during separation were separate property, while the husband’s earnings remained community property. The trial court held that only the husband’s earnings acquired after the March 4, 1972 effective date constituted his separate property, rejecting his argument that the amendment should apply retroactively to all earnings after the March 2, 1969 separation date.
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