Standard Introduction

Question 1

Standard intro

Answer 1

California is a community property state. Community property (“CP”) includes all property acquired by a married person during the marriage while domiciled in California that is not separate property. Separate property (“SP”) includes all property acquired before marriage or while the parties are living separate and apart. Separate property also includes all property acquired during marriage by gift, bequest, devise, or descent. Under the general community property presumption, property acquired during marriage that is either untitled or titled in one spouse’s name is presumed to be community property. This is a rebuttable presumption affecting the burden of proof. The presumption can be rebutted by statutory facts, tracing, or contractual modification.