CA man with 0 income & HI wife W2 not itemizing filing married separate returns, CA Community Prop?
It depends on where your wife is domiciled. If she is a California resident for tax purposes, her income, (regardless of where it is earned) is considered community property in California. However, if she is a Hawaii resident, her HI income is separate property. Please note the definition provided by California at the following link:
From that link comes this excerpt: Community property is anything acquired by the husband and wife during their marriage while they are domiciled in a community property state. (Italics added.) Hawaii is a separate property state, so her income is separate property under Hawaii property rules and California will allow it to continue to be such.