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What is the Difference Between Community Property and Separate Property?

Community Property is property acquired during the marriage by either spouse. The court will divide community property as equally as possible. Generally, this means a 50/50 split. Some property may specifically be classified as separate property. Separate property will not be divided by the court. Some examples of separate property are as follows:

  • Property that was donated to or inherited by a spouse

  • Property that a spouse owned before the marriage

There are times when property will not be split equally. If the couple had a valid prenuptial agreement the court will follow the agreement. It is also worth noting that if the divorce happened way before the property division, payments made and debt acquired since the divorce should be included in the property division proceedings.

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