Community Property

Very generally, here are the rules for determining what’s community property and what isn’t:

  • Community property includes all earnings during marriage and everything acquired with those earnings. All debts incurred during marriage, unless the creditor was specifically looking to the separate property of one spouse for payment, are community property debts.

  • Separate property of one spouse includes gifts and inheritances given just to that spouse, personal injury awards received by that spouse, and the proceeds of a pension that vested (that is, the pensioner became legally entitled to receive it) before marriage. Property purchased with the separate funds of a spouse remain that spouse’s separate property. A business owned by one spouse before the marriage remains his or her separate property during the marriage, although a portion of it may be considered community property if the business increased in value during the marriage or both spouses worked at it. If separate property is commingled with community property during the marriage, it may become community property, either in part or entirely, depending on the circumstances.

  • Property purchased with a combination of separate and community funds is part community and part separate property, so long as a spouse is able to show that some separate funds were used. Separate property mixed together with community property generally becomes community property

    family-law.lawyers.com

The post Community & Non-Community Property appeared first on Annie Scott.

Posted in Family Law

Recent Posts

 -

After Annie Scott became licensed as an attorney, her ambitions for law practice led her to the Prosecutor’s office. It ...
Learn More
When spouses seek a TRO—for reasons other than domestic violence—they usually make their request in conjunction with filing the divorce ...
Learn More