Community Property
Community property
x) Does my spouse get half of everything I have?
Generally, everything acquired by either spouse during the marriage is community property and each spouse owns one-half of all things that are “community property.” Any property in the possession of either spouse during the marriage is presumed to be community property until it is proven otherwise. Of course, items acquired by one spouse before the marriage are separate property, rather than community property, however, it will be up to that spouse to prove that it is separate property.
There are some exceptions, however, and some property acquired during the marriage may still be considered separate property, including some gifts, some inheritances, and portions of the proceeds of some lawsuits, and others. These rules can be very complex and are highly dependent on the facts of each case and you should consult with an attorney regarding the particular facts of your case.
x) Is my spouse liable for my debts? What debts will I be responsible for paying? Can I get reimbursement for debts that I paid?
Generally, any debt acquired during the marriage would be a community obligation, meaning each spouse is responsible for one-half of the debt, even if the other spouses name is the only name associated with the loan, or credit card, etc. Of couse there are many exceptions such as debts that were incurred solely by one spouse for that spouse’s own interest and not for the benefit of the other spouse or both spouses together, or debts that were incurred prior to marriage.
A spouse may be entitled to reimbursement from the other spouse in certain circumstances. One example would be if one spouse used community funds to pay his or her separate obligation (such as paying a student loan incurred by one spouse before marriage) or to benefit his or her separate property (such as by renovating or making an addition to a house purchased by one spouse before marriage), that spouse may owe some reimbursement to the other. This is because the spouse used money that was only half his or hers to pay an obligation that was all his or hers. Half of the money used belonged to the other spouse and so he or she must reimburse the other spouse for that half. Another example would be if one spouse used his or her own separate property (such as savings from before marriage) to pay a community obligation (such as a credit card or utility bill incurred during the marriage.) That spouse would have then used money that was 100% his or hers to pay an obligation for which he or she was only responsible for half and thus, reimbursement may be due.
A spouse may be entitled to reimbursement for the education or traning of the other spouse in some cases. For example, say one spouse worked overtime, paid all the bills, and fully supported the other spouse while he or she went to school. The supporting spouse expected that this would pay off in the end since the other spouse would complete the education or training and then be able to work and make much more money than before. But if the spouses get divorce shortly after the education or training was complete and the supporting spouse never got any benefit from the other spouse’s education or training, he or she may be entilted to some reimbursement.
The rules on community property are some of the most complex issues in this field of law and are highly dependent on the facts of each case. You should always consult with an attorney regarding the particular facts of your case.