No. You are “de facto” separated if you have been living separate and apart with no intent to resume the marital relationship. You are not legally separated until and unless there is a case filed resulting in a Decree of Legal Separation being entered by the court. If the spouses disagree about whether they intended to resume the marital relationship, the court will decide the date of separation. When the parties are de facto separated, they are no longer a community. Property acquired by each would be separate property (including income) and debts incurred by each would be separate debts. The character of property and debts (separate or community) needs to be agreed upon or determined by the court, based on the evidence presented by each spouse about whether they intended to resume the marriage when they separated.
IF WE HAVE BEEN LIVING SEPARATELY, ARE WE LEGALLY SEPARATED?