Well, it seems obvious that husband has received legal advice, but I think it might be deficient or faulty. Yes, the "rents, profits and issues" of separate property are separate property -- BUT, the investment of community time, effort, and energy into a separate property business creates a community property interest compensible to the spouse under the Pereira or Van Camp tests. See explanation and posted resources at:
http://willicklawgroup.com/property-rights-and-division/
These matters are extremely fact-specific. To analyze your specific circumstances, options, risks, and benefits, you really should consult with a family law specialist, either this firm or some other.
Answered on Oct 30th, 2014 at 6:52 PM