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American Olean Tile Co. Inc. v. Schultze

Court of Appeal of California

169 Cal. App. 3d 359 (1985)

Relevant factsFree

Horst received the couple's tile business as his separate property under their marital settlement, and signed a promissory note to American (plaintiff) the same day the settlement was finalized; when Horst defaulted and couldn't be located, American sought to reach Irmgard's former community property, arguing the note was incurred during the marriage.

IssueFree

Whether income or debts incurred by a separate-property business post-separation are community property.

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