Question:

How does, 'Community Property' work in the state of California?

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Say if one's wife purchases a home, while married, and the couple gets divorced. How does the process of "Community Property" work, say in the state of California?

BTW, hers in the only name on the Title, and Deed of Trust.

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  1. I think if she can prove she purchased the house with money she had prior to your marriage ( like an inheritance) then you won't get any of it.  


  2. In general, all property and debts acquired during the marriage are presumed to belong to the community and each spouse is an equal partner in the community.  There are exceptions.  Property acquired before the marriage can be kept separate, unless comingled.  Property acquired during the marriage by gift, or inheritance is separate unless comingled.  Property purchased with the use of separate property can be separate property unless comingled.  It is sometimes difficult to determine if property is separate or community and this short answer is not exhaustive.  There are entire sections of the law library devoted to this question and you could study for a life time and still not know it all.

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