What is Community Property?
It is presumed that all property acquired by the parties during the marriage is community property.
What is Separate Property?
Separate property is that property owned by a spouse prior to marriage or acquired by a spouse during marriage by gift or inheritance. If new property is acquired with separate property, the new property usually maintains its separate character.
Does the judge divide Community Property and Separate Property at the time of divorce?
No. The judge can only divide the parties community property. The judge cannot take away a spouse's separate property.
How is the property divided?
The judge divides the community property and liabilities in a "just and right" manner. In some circumstance the judge may award more of the community property and/or the liabilities to one of the spouses.