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Question
The source of the profits is the labor W used to create the computer program. In 2001 W sold a computer program that she had worked on the "prior two years" (i.e., 1999 & 2000). Because the couple married in 2000, it would appear that approximately one year of W's labor was pre-marriage and one year of W's labor was during the marriage. There are no facts showing that the character of the asset has been transmuted in any way. Therefore, because half of the labor was premarital, 50% of the character of the program is W's SP. Because the other half of the labor was during the marriage, 50% of the character of the program is CP. The funds would retain the same character as the program.
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