What is the difference between community property and separate property?
Property that a person owned before his or her marriage is considered that person’s “separate property.” Any item of property (including money) that has been acquired by a husband or wife during their marriage is considered “community property.” The exceptions to the community property rule are inheritances and gifts. So other than gifts or inheritances, if the property was acquired while you were married then it is community property, regardless of whose income was used to purchase it or whose name is on the title. If inherited funds are co-mingled with community funds then it can be difficult to prove that certain property is one spouse’s separate property. There are a myriad of scenarios in which it may be questionable whether an item of property is separate or community property. Contact Edmonson Law today to assist you with all of the property-related issues involved in a divorce.
