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BGD Hosts MCLE Presentation with Commr. John Chemeleski on the Davis Supreme Court Decision

Commr. John Chemeleski was a guest speaker at John Gilligan's Study Group on Wednesday, October 21, 2015, at the offices of Brandmeyer Gilligan & Dockstader. Commr Chemeleski discussed the infamous Davis case, which is arguably the most important case we've had in California Family Law in the last 25 years. The Davis case states that, for the first time in history, parties are not separated until they no longer live under the same roof, or until one or both move out. This is important because, after separation, a spouse's income is his/her separate property.

Before the Davis case, couples could be legally separated and still live under the same roof. The earnings they received while separated were their separate property. Now, no matter how much difficulty they are experiencing in their marriage, if a couple continues to live in the same home while they are separated, their earnings and accumulations continue to be community property, subject to an equal 50% division. This is the first case where there is a "bright line" test for determining legal separation.


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