Property division
SERVICES
Property division
Community property is presumptively all property that is acquired during the marriage unless that property was acquired by gift, inheritance, or it could be earnings off of assets owned prior to the marriage. There are some very tricky issues concerning whether an asset is Community property. For example, if one of the parties owned a home prior to the marriage, but paid on the mortgage during the marriage from the earnings of either spouse, the marital community acquires a certain interest in the home. Again this is a complex formula and generally a computer is used to make the calculations.
In considering this definition, the earnings of both spouses from their employment during the marriage is Community property. Likewise, retirement benefits earned during the marriage are Community property. Therefore anything bought with the earnings of either party is Community property. Again this can get very complicated. For example if one of the parties owned a business prior to the marriage it is possible, and even probable, that the community might gain an interest in the business. If the business was started during the marriage, it is presumed to be Community property. Unless you have a very clear cut situation you should have an experienced family law attorney.