Family Court: Characterizing Property
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§1.02 Community Property

Except as otherwise provided by statute, community property is real and personal property, wherever situated, acquired by a married person during the marriage while domiciled in California. [FC §760.] In effect, community property is defined negatively to include all property acquired during marriage while domiciled in California that is not specified by other statutes to be separate. Examples of exceptions include gifts or bequests [see FC §770(a)(2)] and earnings while separated [see FC §771(a)].

During the marriage, a husband and wife share present, existing, and equal interests in community property. [FC §751.]

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