COMMUNITY/SEPARATE PROPERTY

1) Why do I care about whether our property is Community Property or Separate

Property?

Answer:

Upon divorce, the court will divide Community Property in a manner that the

court feels is "just and right". Sometimes this is 50/50, but many factors can

effect the distribution. On the contrary, Separate Property is owned solely

by the spouse. It is not divided and the spouse who owns separate

property keeps it.

2) So, what is the difference between Community Property and Separate Property?

Answer:

Community Property is all property acquired during marriage (with just a few

exceptions--see below). The court will presume that any property that is owned

during the marriage as community property. Both spouses equally own

Community Property. Separate Property is property that was owned by

one spouse prior to the marriage, or property acquired during the

marriage by inheritance, gift, or the pain and suffering portion of a law suit

award. Income from separate property is community property. Each spouses

salary is community property.

3) Can my spouse and I agree what is Community Property and what is Separate

Property?

Answer:

Yes, Spouses can enter into an agreement called a partition agreement agreeing

to change community property to separate property or separate property to

community property.

4) What if I mix my Separate Property with our Community Property?

Answer:

Separate Property may lose its identity if commingled and will be considered

Community Property.

5) How can I protect our Community Property until the Court divides it?

Answer:

While divorce is pending, the court may order a temporary restraining order or

temporary injunction making it a criminal offense if either spouse disposes of any

community property before the court determines how to divide the property.