The court starts with a presumption that all the property earned or acquired by either spouse during the marriage is community property, owned equally by the spouses. If you have separate property you have to prove it by tracing it with “clear and convincing evidence.” Separate property includes property acquired by just one spouse by gift or inheritance. For example, you might show that you inherited some money from your grandmother and always kept it in a separate account with only your name on it. The court divides community property between the spouses in a “just and right manner.” In most cases, that means a 50-50 split. In some cases, however, factors such as unequal earning power and fault in the marital relationship can affect the division of property.
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