Commonly Asked Questions
What is community property?
Property acquired during marriage is presumed to be community if it is acquired during marriage. The presumption can be rebutted if a party can show through tracing that the property is separate property.
What is separate property?
Property acquired prior to marriage or post separation; or acquired by gift, bequest or inheritance.
What is the Date of Separation?
The date of separation is the date that one party articulates to the other party that they no longer wish to be married. There may be several dates of separation however the last date of separation is the one is the one the court will use.
What is community debts?
Debts that were incurred during marriage and that benefited the marriage.
What are separate debts?
Debts that are incurred prior to the marriage or after the date of separation or debts that were incurred during marriage but did not benefit the community.
What is the community estate?
The community estate is established from the date of marriage to the date of separation.
What is a pre-nuptial agreement?
An agreement reached between the parties prior to marriage. There are stringent rules for the preparation of such agreements.
What is a post-nuptial agreement?
An agreement reached between the parties after marriage. Again, there are stringent rules for the preparation of such agreement.
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