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10 Surprising Facts About Community Property And Divorce

When dividing property in a divorce, it matters what state you live in. Americans live either in a "community" or "common law" property state; in the latter (which includes California), the courts decide what belongs to whom in divorce and death proceedings.  In "community property" states, each spouse is an equal owner of any property acquired during the marriage. Property acquired before or after marriage would be considered "separate property" and, therefore, not subject to joint distribution after divorce.

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