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Spouses may change community property into separate property
of either spouse. Cal. Fam. Code sec. 850 (West 2004). The
change must be documented in a writing signed by the spouse whose
interest in the property is adversely affected. Cal. Fam. Code
sec. 852(a) (West 2006).
Petitioner’s retaliation claim is a personal injury claim
within the meaning of California community property law. The
claim arose from the University’s tortious injury to petitioner’s
protected interests in her emotional well-being and her
professional reputation. The record also establishes that
petitioner and her husband were married and living together when
her cause of action against the University arose, were residents
of California, and filed separate returns for 2002. Finally,
petitioner and her husband did not change the award from
community property to her separate property because, as
petitioner and her husband testified, there is no written
agreement signed by petitioner’s husband signifying the change.
We find that respondent proved the jury award is community
property. Petitioner, having filed a separate return from her
husband for 2002, has to include only one-half of the jury award
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Last modified: May 25, 2011