{"id":34705,"date":"2008-03-26T16:35:41","date_gmt":"2008-03-26T21:35:41","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/uncategorized\/division-of-property-upon-divorce.html"},"modified":"2008-03-26T16:35:41","modified_gmt":"2008-03-26T21:35:41","slug":"division-of-property-upon-divorce","status":"publish","type":"corporate","link":"https:\/\/corporate.findlaw.com\/law-library\/division-of-property-upon-divorce.html","title":{"rendered":"Division of Property upon Divorce"},"content":{"rendered":"
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What is Community Property? It is presumed that all property acquired by the parties during the marriage is community property.<\/p>

What is Separate Property?<\/b> 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.<\/p>

Does the judge divide Community Property and Separate Property at the time of divorce?<\/b> No. The judge can only divide the parties community property. The judge cannot take away a spouse's separate property.<\/p>

How is the property divided?<\/b> 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.<\/p><\/div>","protected":false},"excerpt":{"rendered":"

What is Community Property? It is presumed that all property acquired by the parties during the marriage is community property. Separate property is that property owned by a spouse prior to marriage or acquired by a spouse during marriage by gift …<\/p>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_categories":[6507,6497,6519],"class_list":["post-34705","corporate","type-corporate","status-publish","hentry","corporate_categories-law-library__family-law","corporate_categories-law-library","corporate_categories-law-library__wills-trusts-probate-law"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate\/34705","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=34705"}],"wp:term":[{"taxonomy":"corporate_categories","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_categories?post=34705"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}