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Old 07-19-2005, 01:10 PM
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Join Date: Jul 2005
Posts: 3
Angry Community Property v. Seperate Property

I am in the process of a divorce and am having a hard time understanding the difference between community property and seperate property. The house in question was bought by me prior to the marriage and only this year did I put my wife's name on the title. Now she is saying it is hers. I don't understand how this could be. Thanks.
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Old 07-20-2005, 10:57 AM
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Join Date: Jun 2005
Posts: 453
Talking Property Division upon Divorce

Separate Property is property acquired prior to marriage or after legal separation. Gifts and inheritances are also usually considered separate property.

Community Property is all property acquired during the marriage. Wages earned by both spouses are considered community property.

Although the definitions above are simple the actual determination during divorce or death can be quite complicated.

For example, you state that you put your wife's name on the title of a house that was your separate property prior to your marriage. In some states this is called transmutation and will most likely result in the property being considered community because you changed its designation. You probably will be able to back out the amount you put down and paid prior to marriage.

For a determination of your assets it is best to seek the advice of an attorney.
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