I am a non-resident of California owning Cal. real estate and with a
securities account with the Cal. addressed office of a national
broker.
Are these assets subject to Cal. Community Law?

My broker seems to think the account is.  
On one parcel, my wife's name has been added to mine.

I have just been reading:  http://answers.google.com/answers/threadview?id=569523

Nenna's reference to the law suggests to me that residency is the
significant factor, something that has not been mentioned to me.

Of course, I know about the disclaimer.  
The answer could be yes or no, but I would especially appreciate a
little more supporting documentation either way.

Many thanks, Myoarin

---

Request for Question Clarification by denco-ga on 20 Sep 2005 20:00 PDT

Howdy Myoarin,

It might help to know if you were a resident of California when the
mentioned assets were established/purchased, and the state wherein
you currently reside.  Thanks!

Looking Forward, denco-ga - Google Answers Researcher

---

Request for Question Clarification by denco-ga on 20 Sep 2005 20:05 PDT

It might also help to know if your wife was/is a resident of California.

Thanks!  denco-ga - Google Answers Researcher

---

Clarification of Question by myoarin-ga on 21 Sep 2005 03:37 PDT

Thanks for your interest, Denco.  Except for eight months  - six of
them at Fort Ord -  40 years ago, I have only visited California.  At
that time, I did get a Cal. driver's license, using my parents' then
address (never renewed).  None of the properties were given to me
during that period.  Since 1966, I have been living abroad, in Germany
with a couple of years in Australia in the early 70s.  My German wife
has never lived in the States.

If I may toss in a second question:  assuming that the Community
Property law does NOT apply, might it nonetheless be advantageous to
ignore this and let her name be added to the brokerage account and
property records in order to avoid gift or inheritance tax?

If you feel this should be a new question, don't hesitate to says so.

Looking forward to hearing from you, Myoarin

---

Clarification of Question by myoarin-ga on 25 Sep 2005 08:34 PDT

Denco-ga,
Are you still interested?  A very much related question was recently
answered by leapinglizard-ga:

http://answers.google.com/answers/threadview?id=571998

Although this seems to answer my question, if either of you  - or
another Researcher - wishes to confirm this as an answer, I would
appreciate it, since apparently a lot of folks in California just
assume that under Community Property just everything that one spouse
has automatically falls into that category.
Come to think of it now, maybe that on parcel does:  if it is the one
I got back by repossession after the buyer could not meet payments.

Of course, I would appreciate an answer to point raised in my
clarification, but I know that is a bit unfair.

Thanks and greetings,  Myoarin

Dear Myoarin,

Leaping Lizard provided an excellent explanation
for the divorce question. 

But you need to know that both community property
laws and inheritance laws are different when your
spouse is a non-resident alien. 

Putting her on title on all the property just might
reduce some of the inheritance taxes. If you die, 
she'll only inherit half the property instead of all
of the property. 

I think that's the question you should be posting.

Best wishes

Your TaxMama-ga

Hey, thanks, TaxMama-ga, 
I was kind of hoping you would show up.  Will do.  I don't like to be
jumping on running-boards just 'cause a good one passes by.  This
isn't a divorce question, I just wanted to learn that for years I had
misunderstood the basis of community property law in California, but
it seems that Leapinglizard-ga has settled that:  what is/was given to
or inherited by me or what I had before marriage is not community
property, but can be become so.

Thanks all round and regards, Myoarin