“Moving On Is Easy. It’s Staying Moved On That’s Trickier.” Katerina Stoykova Klemer.

Family Code section 771, subdivision (a), provides that earnings and accumulations of a spouse while living separate and apart from the other spouse are separate property of the spouse. In this case, the couple was separated but still living in the same home. The Court of Appeal concluded Family Code section 771, subdivision (a), requires the spouses to be living in separate residences in order for their earnings and accumulations to be their separate property. (In re Marriage of Davis  (Cal. Sup. Ct.; July 20, 2015) 61 Cal.4th 846 [189 Cal.Rptr.3d 835, 352 P.3d 401].)