What Is Community Property?

Community property originally derived from Spanish law. The following states have community property laws:
Arizona
California
Idaho
Louisiana
Nevada
New Mexico
Texas
Washington
Wisconsin

What is Community Property?

Community property law is a method of dividing property. Under community property laws, all property acquired during a marriage is equally divided between the spouses and each spouse has a one-half interest in all such property. Property either party had prior to the marriage and property acquired by one spouse during the marriage by gift or inheritance is considered an exception to community property law because it is separate property.

How Does Community Property Affect Your Divorce Case?

Many men in community property states wrongly believe that their assets do not belong to their wives because the assets were purchased solely from their income. Under community property laws, all income of either party is community property and owned equally by the parties.

Retirement assets, such as pensions, 401(k)s ,and IRAs are often of grave concern to men facing divorce. Clearly, any retirement earned before marriage is a man’s separate property and his wife would have no interest in that portion of his retirement. However, retirement earned during the marriage is community property and therefore both parties would own a one-half interest in it.

Learning the law and how it will affect your divorce is imperative to successful divorce planning. SecretDivorce.com teaches you to determine how you would fare today in a divorce and then provides hundreds of tricks and techniques to improve your divorce outcome in the future. With proper education and planning any man can successfully divorce and save thousands of dollars.

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