Introduction

Question 1

What is the general rule re: Community Property?

Answer 1

In General:

Absent an agreement to the contrary, all property acquired during the marriage by the labor of either spouse is “community property”

Question 2

What is the general process of characterization of property?

Answer 2

To determine characterization of an asset ask:

1. When was the asset acquired;
2. how was the asset acquired (labor/gift);
3. did either or both spouses CHANGE the asset’s character?
4. is there any legal presumption that may affect the character of the asset?

Question 3

Who does the “community property” system apply to?

Answer 3

• married couples
• registered domestic partners
• same sex couples, elderly opposite sex couples