Family Court: Characterizing Property
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IV. Method of Acquisition

§4.01 Rents, Issues, and Profits

Rents, issues, and profits of property have the same characteristics as the property from which they come. Thus, rents, issues, and profits of property owned by a person before marriage are separate property. [FC §770(a)(3).] Rents, issues, and profits of property that is acquired during marriage are "acquired during marriage" and generally are community property, except as otherwise provided by statute. [See FC §760.]

For example, the rents from an apartment building inherited by a wife are separate property because the apartment building is her separate property. Rents from a building acquired during marriage are community property.

   

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