Divorce:

Marital or Community Property

Marital or Community Property is, quite simply, the property and income acquired by either spouse during the marriage. That is, all wages earned and property purchased (homes, cars, furniture, etc) during marriage are considered marital property. The marriage is said to begin on the day they marry and end on the day they separate (even if they are unable to actually live apart).

One party does not have an automatic right to marital property, even in what seem to be clear cut cases. For example, if the husband purchases a car, is the exclusive driver, and holds the title in his name, it is still marital property because it was purchased during the marriage with marital funds. Pensions may also be marital property, at least the portion earned during the marriage. The division of marital property is at the sole discretion of the judge.

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