Division Of Property In Community Property States

Property that you or your spouse earned during marriage is generally treated as community property. “Separate” property is property that you or your spouse (1) owned before the marriage or (2) received individually as a gift or through inheritance.

In general, all separate property will be given to the person who owns it, and all community property states will be divided so that each person receives the same net amount. The judge will assign the parties’ debts to each parties in a way that makes the net value of the property received less the debts assigned the same for both spouses.

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