Marti Klein’s Blog

There are two types of property- Separate Property and Community Property.
Community property is the only type of property that may be divided in a divorce.  The Court is required to divide community property in a “just and right manner.”   Division of property does not have to be equal (50/50), and will depend on the circumstances of the spouses.

Separate property is protected, and may not be awarded in the whole or in part to the other spouse by the Court in a contested case.

All community property will be divided – even property that has not actually been received.  The most common example is retirement interests earned during the marriage that will not actually be paid for many years.

There is a presumption that all property on hand at the end of a marriage is community property.  It is the responsibility of the spouse claiming separate property to prove it.