Community Property
In a community property state, typically most of the property acquired during a marriage belongs to both spouses.
Many states across the country are known as “community property” states, which simply means that most of the property you and a spouse acquire during your marriage belongs to both you and your spouse.
In the event of a divorce, the court will divide that property equally. However, each spouse can also have separate property - things they alone own - that they can keep at the end of the marriage.
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The law defines community property as any property obtained by either spouse during the marriage except for separate property. For example, if you buy a car during your marriage, the court will consider it community property during the divorce, even if your name is the only one on the title. The same is true for real estate, art, and other assets of value.
Separate property is anything you owned before you got married, and it may also extend to cover things like inheritances you received during your marriage, gifts intended only for you, and any kind of legal judgment for recovery due to personal injury - with exceptions for any judgment for lost income, which is considered community property.
During a divorce, the court presumes that all of the property owned between you and your spouse is community property. It is up to each spouse to claim their own separate property, and they must be able to prove it with sufficient evidence.
Judges divide community property equitably between both parties and equitably does not always mean equally. Some of the factors that might influence the division of property include:
- The reason for the dissolution of the marriage (who was at fault);
- The difference between the spouses’ ability to earn an income;
- The individual spouses’ current health;
- The custodial parent’s needs; and even
- Each spouse’s education and future employment capabilities.
If you have questions about community property and how it may be divided in your specific case, contact Harris & McKeown Law Firm for a free consultation. We can help you better understand your rights and responsibilities as they relate to community property so that you can make the right decision for your needs.
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